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1920-1922 


THE  UNIVERSITY 

OF  ILLINOIS 

LIBRARY 

/342TT3S 
Kfellj 


c: 


JOURNAL 


OF  THE 


Committee  of  The  Whole 


OF  THE 


CONSTITUTIONAL  CONVENTION 


1920-1922 


OF  THE 


STATE  OF  ILLINOIS 


Convened  at  the  Capitol  in  Springfield,  January  6,  1920  and 
adjourned  sine  die  October  10,  1922 


[Printed  by  authority  of  the  State  of  Illinois.] 


ILLINOIS  STATE  JOURNAL  Co. 

SPRINGFIELD,  ILLINOIS 

1922 

73248—800—8-22 


34  2.  .ITS  2. 


OFFICERS  OF  THE  CONVENTION. 


President 
CHAELES  E.  WOODWARD,  Ottawa. 


Secretary 
B.  H.  McCANN,  Bloomington. 


WEDNESDAY,  JANUARY  28,  198U. 

At  the  hour  of  11 :30  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  subject  matter  under  consideration  being  the  discussion  of 
Proposal  No.  55,  the  following  gentlemen  representing  the  Special  Com- 
mittee of  the  City  Council  of  Chicago  were  invited  to  address  the  Com- 
mittee of  the  Whole : 

Alderman  John  H.  Lyle. 
Attorney  Ernst  Freund. 
Assistant  Corporation  Counsel  Leon  Hornstein. 

(Ftor  text  of  addresses  see  Convention  debates.) 

At  the  hour  of  6  :10  o'clock  p.  m.,  Mr.  Haniill  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


-2  JOURNAL  OP  THE  [Jan.  29, 


THURSDAY,  JANUARY  29,  1920. 

At  the  hour  of  11:30  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  subject  matter  under  consideration  being  the  further  discussion 
of  Proposal  No.  55,  Alderman  John  A.  Richert,  representing  the  Special 
Committee  of  the  City  Council  of  Chicago,  addressed  the  Committee  at 
length. 

On  motion  of  Mr.  Revell,  a  vote  of  thanks  was  extended  to  the 
gentlemen  representing  the  City  Council  of  Chicago  for  their  instructive 
addresses  at  the  sessions  of  yesterday  and  today. 

At  the  hour  of  1:30  o'clock  p.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  le*ave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WHOLE, 


WEDNESDAY,  FEBRUARY  11,  1920. 

At  the  hour  of  10 :45  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  DeYoung,  Chairman  of  the  Committee  on  Judicial  Depart- 
ment, presiding. 

The  subject  matter  under  consideration  being  the  discussion  of 
various  Proposals  concerning  a  proposed  Judicial  System  and  especially 
the  consideration  of  Proposal  No.  56,  the  following  gentlemen  addressed 
the  Committee  of  the  Whole : 

Attorney  Hiram  T.  Gilbert. 
Judge  Charles  Martin. 
Hon.  A.  C.  Miller. 
Judge  Charles  S.  Cutting. 
Judge  George  A.  Dupuy. 
Hon.  Charles  J.  Michal. 
Hon.  Charles  H.  Hamill. 
Hon.  Henry  I.  Green. 

(For  text  of  addresses  see  Convention  debates.) 

On  motion  of  Mr.  Brenholt  a  vote  of  thanks  was  extended  to  the 
gentlemen  for  their  instructive  addresses. 

At  the  hour  of  4:40  o'clock  p.  m.,  Mr.  Todd  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


JOURNAL  OF  THE  [Feb.  17, 


TUESDAY,  FEBRUARY  17,  1920. 

At  the  hour  of  10 :30  o'clock  a,  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Dove,  Chairman  of  the  Committee  on  Initiative,  Referendum 
and  Recall,  presiding. 

The   subject   matter  under  consideration   being   the   discussion   of 
Proposals  numbered  133  and  134  concerning  the  Initiative  and  Refer- 
endum, the  following  persons  addressed  the  Committee  of  the  Whole : 
Former  Governor  Edward  F.  Dunne. 
Mrs.  Harriette  Taylor  Tredwell. 
Mr.  Duncan  McDonald. 
Mr.  Herbert  S.  Bigelow. 
Prof.  Charles  E.  Merriam. 
Miss  Milinda,  Alexander. 
Mrs,  Helene  Danek. 

(For  text  of  addresses  see-  Convention  debates.) 

On  motion  of  Mr.   Mills,  a  vote  of  thanks  was  extended  to  the 
speakers  for  their  instructive  addresses. 

At  the  hour  of  11 :35  o'clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And.  the  motion  prevailed. 


1920.]  COMMITTKI':    OF    THE    WIIOI.K. 


WEDNESDAY,  FEBBUARY  18,  1920. 

At  the  hour  of  10:47  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  DeYoung,  Chairman  of  the  Committee  on  Judicial  Department, 
presiding. 

The  subject  matter  under  consideration  heing  the  further  discussion 
of  various  Proposals  concerning  a  proposed  judicial  system  and  especially 
the  consideration  of  Proposal  No.  56,  the  following  gentlemen  addressed 
the  Committee : 

Mr.  W.  E.  Hadley. 
Mr.  F.  K.  Lemon. 
Mr.  Edward  C.  Craig. 

(For  text  of  addresses  see  Convention  debates.) 

On  motion  of  Mr.  Mills,  a  vote  of  thanks  was  extended  to  the  gentle- 
men for  their  instructive  addresses. 

At  the  hour  of  4 :20  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


JOURNAL   OF   THE  [Mar.    2, 


TUESDAY,  MAECH  2,  1920. 

At  the  hour  of  10  :4-2  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Gale,  Chairman  of  the  Committee  on  Eevenue,  Taxation  and 
Finance,  presiding. 

The  subject  matter  under  consideration  being  the  discussion  of  the 
various  Proposals  concerning  Eevenue,  Taxation  and  Finance,  the  fol- 
lowing gentlemen  addressed  the  Committee: 
Mr.  Frank  L.  Shephard. 
Mr.  Hayden  N.  Bell. 
Mr.  William  F.  Struckmann. 
Mr.  F.  I.  Mann. 
Mr.  Kimball  E.  Valentine. 

(For  text  of  addresses  see  Convention  debates.) 

On   motion   of   Mr.   Mills   a  vote  of  thanks  was   extended  to  the 
gentlemen  for  their  instructive  addresses. 

At  the  hour  of  6  :25  o'clock  p.  m.,  Mr.  Davis  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WIIOI.K. 


WEDNESDAY,  MAECH  10,  1920. 

At  the  hour  of  10  :15  o'clock  a.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole.  . 

Mr.  Brandon,  Chairman  of  the  Committee  on  Education,  presiding. 

The  subject  matter  under  consideration  being  the  discussion  of  the 

various  Proposals  relating  to  or  affecting  education  and  particularly  the 

revenue    Proposals   as   affecting   said   subject.      The   following   persons 

addressed  the  Committee: 

Hon.  Francis  G.  Blair. 
Mr.  E.  C.  Moore. 
Mr.  August  Maue. 
Mr.  E.  A.  Ellis. 
Mr.  C.  P.  Briggs. 
Mr.  Peter  Mortenson. 
Mr.  J.  C.  Engleman. 
Mrs.  Ida  L.  M.  Fursman. 
Mr.  Eoy  H.  Brown. 
Mr.  W.  S.  Cadwell. 
Miss  Fannie  S.  Merwin. 
Mr.  D.  W.  Potts. 

(For  text  of  addresses  see  Convention  debates.) 

At  this  time  Mr.  Brandon  caller  Mr.  Gale,  the  Chairman  of  the 
Committee  on  Eevenue,  Taxation  and  Finance,  to  the  chair  inasmuch  as 
the  following  speakers  were  to  speak  on  taxation  and  finance  relative  to 
education : 

Mr.  David  Felmley. 
Mr.  E.  C.  Moore. 
Miss  Margaret  Haley. 
Mr.  W.  B.  Owen. 

(For  text  of  addresses  see  Convention  debates.) 

At  the  hour  of  11 :55  o'clock  p.  m.,  Mr.  Brenholt  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


JOURNAL   OF   THE  [Mar.    17, 


WEDNESDAY,  MARCH  17,  1920. 

At  the  hour  of  10  :55  o'clock  a.  ra.,the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Beckrnan,  Chairman  of  the  Committee  on  Military  Affairs, 
presiding. 

The  subject  matter  under  consideration  being  Proposal  N~o.  339,  the 
same  was  taken  up,  read  at  large  and  considered  section  by  section,  as 
follows : 

Section  1  being  taken  up  and  read  and  n-o  amendments  being 
offered,  was,  on  motion  of  Mr.  Tanner,  adopted. 

Section  2  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Tanner,  adopted. 

Section    3    being   taken   up   and   read   and    no   amendments   being 
offered,  was,  on  motion  of  Mr.  ISHchals,  adopted. 
•    Section  4  being  taken  up  and  read. 

Mr.  Davis  offered  the  following  amendment  and  moved  its  adoption  : 

AMENDMENT  No.  1. 

Strike  out  section  4  as  drafted  and  substitute  in  lieu  thereof  the  follow- 
ing: The  members  of  militia  shall  in  all  cases,  except  treason,  felony  or 
breach  of  peace  be  privileged  from  civil  arrest  while  in  performance -of 
military  duty  and  under  military  orders. 

Mr.  Michaelson  moved  to  lay  the  amendment  on  the  table. 

Mr.  Hamill  raised  the  point  of  order  that  the  motion  to  table  was 
not  in  order  in  the  Committee  of  the  Whole. 

And  the  point  of  order  was  sustained  by  the  Chair. 

Mr.  Green  moved  that  the  Committee  do  now  rise,  report  progress 
and  ask  leave  to  sit  again. 

Pending  the  putting  of  the  motion  to  rise,  Mr.  Shanahan  moved 
that  the  Committee  of  the  WThole  recommend  to  the  Convention  that 
section  4  together  with  Amendment  jSTo.  1  offered  by  Mr.  Davis  be  recom- 
mitted to  the  Committee  on  Military  Affairs. 

And  the  motion  prevailed. 

Section  5  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Moore,  adopted. 

Section  6  being  taken  up  and  read. 

Mr.  Gilbert  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  2. 

Amend  by  striking  out  the  words  "person  so  exempted"  in  the  last  por- 
tion of  line  2  and  first  part  of  line  3,  section  6,  and  inserting  the  words 
"such  persons"  in  lieu  of  the  words  stricken.  As  amended  such  section  6, 


1920.]  COMMITTEE   OF   THE    WHOLE.  9 

will  read  as  follows:  Sec.  6.  Persons  having  conscientious  scruples  against 
bearing  arms,  may  be  exempted  from  military  service  by  the  General  Assem- 
bly, but  no  such  persons  shall  be  exempted  from  service  in  any  capacity  that 
the  Governor  shall  declare  to  be  non-combatant. 

Mr.  Dupuy  moved  as  a  substitute  that  section  G  and  Amendment 
No.  2,  be  recommitted  to  the  Committee  on  Military  Affairs. 

Pending  consideration,  at  the  hour  of  12 :05  o'clock  p.  m.,  Mr. 
Green  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


10  JOURNAL   OF    THE  [Mar.    23, 


TUESDAY,  MARCH  23,  1920. 

At  the  hour  of  10:15  o'clock  a.  m..  .the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  DeYoung,  Chairman  of  the  Committee  on  Judicial  Department, 
presiding. 

The  subject  matter  under  consideration  being  the  discussion  of  the 
various  Proposals  relating  to  or  affecting  the  organization  of  the  Judicial 
Department,  the  following  speakers  addressed  the  Committee  of  the 
Whole : 

Justice  George  A.  Cooke. 

Hon.  Frederick  A.  Brown. 

Justice  Orren  X.  Carter. 

Judge  Wells  M.  Cook. 

Judge  Norman  L.  Jones. 

Col.  B.  M.  Chiperfielcl. 

Judge  C.  D.  Yager. 

Mayor  Craig  A.  Hood. 

Hon.  H.  Kent  Fennly. 

Senator  Frank  P.  Sadler. 

Col.  William  M.  MacChessney. 

Judge  George  T.  Page. 

Hon.  Justus  Chancellor. 

Judge  Joseph  David. 

Mrs.  Catherine  Waugh  McCullah. 

(For  text  of  addresses  see  Convention  debates.) 

During  the  addresses  Mr.  Dupuy  moved  that  all  questions  be  de- 
ferred until  the  conclusion  of  the  addresses  by  the  Speakers. 
And  the  motion  prevailed. 

At  the  hour  of  6  :15  o'clock  p.  m.,  Mr.  Mayer  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE    WHOLE.  1  I 


FEIDAY,  MARCH  26,  1920. 

At  the  hour  of  2 :40  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Dtmlap,  Chairman  of  the  Committee  on  Agriculture,  presiding. 

In  accordance  with  the  resolution  adopted  on  Tuesday,  March  23, 
Mr.  Dunlap  introduced  Hon.  Henry  J.  Allen,  Governor  of  Kansas,  who 
addressed  the  Committee  on  the  subjects  of  Land  Tenantry  and  Indus- 
trial Courts. 

On  motion  of  Mr.  Shaw  a  vote  of  thanks  was  extended  to  Governor 
Allen  for  his  instructive  address. 

At  the  hour  of  4 :20  o'clock  p.  m.,  Mr.  Mighell  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


-   \2  JOURNAL  OF  THE  [Mar.  30, 


TUESDAY,  MARCH  30,  1920. 

At  the  hour  of  10  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Barr  presiding. 

The  subject  matter  under  consideration  being  the  general  discussion 
of  the  plan  and  policy  to  be  followed  in  the  preparation  and  draft  of  the 
revised  Constitution  and  the  fundamental  ideas  which  should  control 
and  limit  the  activities  of  this  Convention,  the  following  Delegates 
addressed  the  Committee  of  the  Whole :  President  Woodward  and 
Messrs.  Lill,  Fifer,  Davis,  Brandon,  Elting,  Miller,  Moore,  Green,  Ker- 
rick,  Dunlap,  Kevell,  Hamill,  Wall,  Michaelson,  Gale,  Shanahan,  Mc- 
Ewin,  Corlett,  Dove  and  Sneed. 

(For  text  of  addresses  see  Convention  debates.) 

At  the  hour  of  6  :05  o'clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Committee  do  now  rise  and  report  progress. 

And  the  motion  prevailed. 


3920.]  COMMITTEE   OF   TILE   WHOLE.  13 


WEDNESDAY,  MAECH  31,  1920. 

At  the  hour  of  10  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Dove,  Chairman  of  the  Committee  on  Initiative,  Referendum 
and  Recall,  presiding. 

The  subject  matter  under  consideration  being  the  further  discussion 
of  the  various  Proposals  pending  before  the  Committee  on  Initiative, 
Referendum  and  Recall,  the  following  gentlemen  addressed  the  Com- 
mittee of  the  Whole : 

Dr.  Eugene  Davenport. 
Mr.  Clifford  V.  Gregory. 
Mr.  D.  0.  Thompson. 
Hon.  Eelix  Streyckmans. 

(For  text  of  addresses  see  Convention  debates.) 

Pending  the  address  of  Mr.  Gregory,  Mr.  Dunlap  raised  the  point 
of  order  that  Mr.  Michal  was  not  limiting  his  remarks  to  questioning 
the  speaker  but  was  in  reality  attempting  to  deliver  an  address. 

The  Chair  ruled  the  point  of  order  well  taken. 

After  the  conclusion  of  the  speech  of  Mr.  Thompson  and  while 
being  questioned  by  Mr.  Dunlap,  Mr.  Hull  raised  the  point  of  order  that 
the  questions  asked  were  not  applicable  to  the  question  before  the 
Committee. 

Which  point  was  sustained  by  the  Chair. 

On  behalf  of  the  Committee  of  the  Whole,  the  Chairman  thanked 
the  speakers  for  their  instructive  addresses. 

At  the  hour  of  10 :55  o'clock  p.  m.,  Mr.  Hull  moved  that  the  Com- 
mittee do  now  rise  and  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


14  JOURNAL    OF   THE  [Apr.    1, 


THURSDAY,  APEIL  1,  1920. 

At  the  hour  of  10 :30  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Garrett,  Chairman  of  the  Committee  on  Municipal  Government, 
presiding. 

The  subject  matter  under  consideration  being  the  discussion  of  the 
various  Proposals  pending  before  the  Committee  on  Municipal  Govern- 
ment, the  following  gentlemen  addressed  the  Committee  of  the  Whole: 
Mr.  W.  J.  Spaulding. 
Mr.  Wm.  C.  Barger. 
Mr.  H.  J.  Rodgers. 
Mr.  Chas.  E.Mirriam. 
Mr.  A.  R.  Halton. 
Mr.  B.  J.  Denman. 
Mr.  B.  F.  Alschuler. 

(For  text  of  addresses  see  Convention  debates.) 

During  the  questioning  of  Mr.  Spaulding  by  Mr.  Michal,  Mr.  Carl- 
strom  raised  the  point  of  order  that  the  questions  were  not  germain  to 
the  subject  matter  under  discussion. 

And  the  Chair  ruled  the  point  well  taken. 

At  the  conclusion  of  the  address  by  Mr.  Alschuler,  Mr.  Spaulding 
requested  permission,  from  the  Chair,  to  ask  Mr.  Alschuler  a  few  ques- 
tions. 

Mr.  Hamill  rose  to  a  point  of  order  that  Mr.  Spaulding  was  not  a 
member  of  the  Committee  and  that  he  had  finished  his  address  this 
morning. 

The  Chair  ruled  the  point  of  order  well  taken  and  stated  that  if 
Mr.  Spaulding  desired  to  ask  questions  of  Mr.  Alschuler,  the  questions 
should  be  taken  up  through  one  of  the  Delegates. 

Mr.  Corcoran  stated  that  inasmuch  as  Mr.  Spaulding's  veracity 
had  been  doubted,  he  would  make  a  motion  that  he  be  allowed  to  ques- 
tion Mr.  Alschuler. 

Mr.  Hamill  stated  that  he  did  not  desire  to  keep  Mr.  Spaulding 
from  making  another  address,  should  he  desire,  but  he  would  object  to 
his  questioning  Mr.  Alschuler. 

The  Chair  ruled  that  if  Mr.  Spaulding  wished  to  object  to  any  of 
the  statements  made  by  Mr.  Alschuler  he  would  be  willing  to  hear 
from  him. 

Mr.  Spaulding  rose  and  stated  that  he  had  sent  for  some  papers 
which  were  in  his  bag  and  as  soon  as  they  arrived  he  desired  to  speak 
for  about  fifteen  minutes. 


1930.]  COMMITTEE   OF    THE    WHOLE.  15 

Permission  was  granted. 
Mr.  Otis  F.  Glenn. 
Mr.  H.  E.  Kelly. 

Mr.  Haraill  rose  and  requested  that  the  speaker  confine  himself  to 
the  subject  in  hand,  the  question  of  home  rule  in  cities. 

Mr.  Kelly  stated  that  he  was  getting  around  to  that  question. 

Mr.  Hamill  rose  to  a  point  of  order  that  the  speaker  was  wandering 
around  and  that  he  confine  himself  to  the  proper  subject. 

The  Chair  ruled  the  point  well  taken. 

Mr.  Moore  requested  that  something  on  municipal  government  be 
spoken  about. 

The  Chair  ruled  that  this  was  an  open  meeting  of  municipal  govern- 
ment matters  and  that  Delegates  expected  mdst  of  the  addresses  to  be  on 
that  subject. 

Mr.  Corlett  stated  that  the  matter  of  what  should  and  what  should 
not  go  into  the  Constitution  had  already  been  discussed  and  that  the 
Delegates  were  well  advised  on  that  subject  and  that  Mr.  Kelly  discuss 
the  subject  under  consideration. 

Mr.  Spaulding  again  addressed  the  Committee. 

At  the  hour  of  10 :38  o'clock  p.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise  and  report  progress. 

And  the  motion  prevailed. 


16  JOURNAL    OF   THE  [Apr.    7, 


WEDNESDAY,  APRIL  7,  1920. 

At  the  hour  of  10:15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Sneed,  Chairman  of  the  Committee  on  Industrial  Affairs  and 
Labor,  presiding. 

The  subject  matter  under  consideration  being  the  discussion  of 
Proposal  ]STo.  232,  noAv  pending  before  the  Committee  on  Industrial 
Affairs  and  Labor,  the  following  gentlemen  addressed  the  Committee  of 
the  Whole : 

Mr.  Angus  W.  Keer. 
Mr.  Mathew  Wall. 
Mr.  Andrew  Furuseth. 

(For  text  of  addresses  see  Convention  debates.) 

At  the  hour  of  5  :45  o'clock  p.  m.,  Mr.  Lindly  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 

At  the  hour  of  8  :02  o'clock  p.  m.,  the  Convention  again  went  into 
Committee  of  the  Whole. 

Mr.  Sneed,  Chairman  of  the  Committee  on  Industrial  Affairs  and 
Labor,  presiding. 

The  subject  matter  under  consideration  being  the  further  discus- 
sion of  Proposal  No.  232,  now  pending  before  the  Committee  on  Indus- 
trial Affairs  and  Labor,  the  following  gentlemen  addressed  the 
Committee  of  the  Whole : 

Mr.  John  P.  Frey. 
Mr.  John  H.  Walker. 

(For  text  of  addresses  see  Convention  debates.) 

On  motion  of  Mr.  Dunlap  a  vote  of  thanks  was  extended  to  the 
speakers  for  their  instructive  addresses. 

At  the  hour  of  11 :53  o'clock  p.  m.,  Mr.  I>unlap  moved  that  the 
Committee  do  now  rise  and  report  progress,  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE   WHOLE.  17 


TUESDAY,  APRIL  8,  1920. 

At  the  hour  of  10  :25  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Beckman,  Chairman  of  the  Committee  on  Military  Affairs, 
presiding. 

The  Committee  of  the  Whole,  having  had  under  discussion,  on 
March  17,  the  consideration  of  Proposal  No.  339,  the  same  was  again 
taken  up. 

And  the  pending  question  being,  the  consideration  of  the  motion  of 
Mr.  Dupuy  that  section  6  together  with  Amendment  No.  2,  offered  by 
Mr.  Gilbert,  be  recommitted  to  the  Committee  on  Military  Affairs. 

Mr.  Gilbert,  by  unanimous  consent,  withdrew  Amendment  No.  2. 

Whereupon  Mr.  Coolley  moved  that  the  Committee  of  the  Whole 
concur  in  the  recommendation  of  the  Committee  on  Military  Affairs, 
submitted  to  the  Convention  on  this  date,  and  that  Section  No.  4  of 
Proposal  No.  339  be  adopted. 

And  the  motion  prevailed. 

Section  6,  being  again  taken  up  for  consideration,  Mr.  Nichols 
offered  the  following  substitute  and  moved  its  adoption : 

AMENDMENT  No.  3. 

Amend  Proposal  No.  339,  by  striking  out  all  of  section  six  (6)  of  the 
printed  copy,  and  by  inserting  in  lieu  thereof  the  following: 

Section  6.  No  person  shall,  because  of  conscientious  scruples  against 
bearing  arms,  be  exempted  from  military  service  in  any  capacity  that  the 
Governor  shall  declare  to  be  non-combatant. 

Pending  discussion,  Mr.  Dupuy  moved  to  amend  Proposal  No.  339, 
by  adding  section  6,  at  the  end  of  Section  No.  1. 

Whereupon  Mr.  Lindly  raised  the  point  of  order  that  the  motion  of 
Mr.  Dupuy  was  out  of  order  for  the  reason  that  Section  No.  1  had  already 
been  adopted  by  the  Committee  of  the  Whole  and  cannot  be  amended 
except  upon  a  reconsideration. 

And  the  point  of  order  was  sustained. 

Mr.  Lindly  thereupon  moved  that  the  vote  by  which  Section  No.  1, 
was  heretofore  adopted,  on  March  17,  be  reconsidered. 

Mr.  Morris  raised  the  point  of  order  that  the  motion  of  Mr.  Lindly 
was  out  of  order,  at  this  time,  for  the  reason  that  a  motion  to  adopt  a 
substitute  amendment  to  Section  No.  6  was  pending.  / 

And  the  point  of  order  was  sustained. 

Thereupon,  by  unanimous  consent,  all  motions  and  amendments 
pending  before  the  Committee  of  the  Whole  were  withdrawn. 

— 2  C  W 


18  JOURNAL  OF  THE  [Apr.  8, 

Mr.  Lindly  renewed  his  motion  to  reconsider  and  the  same  having 
been  put  was  declared  lost. 

Whereupon  Mr.  Lindly  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  4. 
Amend  Proposal  No.  339,  by  striking  out  section  6. 

Mr.  Nichols  moved  to  lay  the  amendment  on  the  table. 

Mr.  Hamill  raised  the  point  of  order  that  the  motion  to  table  was 
not  in  order  in  the  Committee  of  the  Whole. 

And  the  point  of  order  was  sustained. 

The  question  being  on  the  motion  to  strike  out  section  6. 

Mr.  Sutherland  re-offered  as  a  substitute  Amendment  No.  3,  hereto- 
fore offered  by  Mr.  Nichols. 

Pending  discussion,  Mr.  Johnson  offered  the  following  as  a  substi- 
tute for  all  pending  amendments: 

AMENDMENT  No.  6. 

Amend  section  6,  as  amended,  as  a  part  of  section  1  to  read  as  follows: 
Provided    that    no    person    shall    because    of    conscientious    scruples,    be 

exempt  from  military  service  in  any  capacity  that  the  Governor  shall  declare 

to  be  noncombatant. 

Mr.  Trautmann  raised  the  point  of  order  that  an  amendment  could 
not  be  offered  to  section  1  until  after  a  reconsideration  of  the  vote  by 
which  that  section  was  heretofore  adopted. 

And  the  point  of  order  was  sustained. 

Mr.  Sutherland,  by  unanimous  consent,  withdrew  his  substitute  to 
section  (>. 

The  question  recurring  on  the  amendment  of  Mr.  Lindly  to  strike 
out  section  G. 

It  was  decided  in  the  affirmative. 

Whereupon  Mr.  Miller  moved  that  the  vote  by  which  section  1,  was 
heretofore  adopted,  on  March  17,  be  reconsidered. 

And  the  motion  prevailed. 

Mr.  Johnson  thereupon  offered  the  following  amendment  to  section 
1,  and  moved  its  adoption : 

AMENDMENT  No.  7. 

Amend  section  1  by  adding  at  the  end  thereof  the  words:  Provided  that 
no  person  shall  because  of  conscientious  scruples  be  exempt  from  military 
service  in  any  capacity  that  the  Governor  shall  declare  to  be  noncombatant. 

Mr.  Miller  offered  the  following  as  a.  substitute  for  Amendment 
No.  7,  and  moved  its  adoption : 

Amend  section  1  by  adding  at  the  end  thereof  the  words:  Provided  no 
person  shall,  because  of  conscientious  scruples  against  bearing  arms,  be 
exempted  from  military  service  in  any  capacity  that  the  Governor  shall 
declare  to  be  noncombatant. 

The  question  being  on  the  adoption  of  the  substitute. 
It  was  decided  in  the  affirmative.. 


1920.]  COMMITTEE    OF    THE    WHOLE.  19 

The-  question  recurring  on  the  adoption  of  Section  No.  1,  as 
amended,  it  was  decided  in  the  affirmative. 

Mr.  Lindly  moved  that  Proposal  No.  339,  as  now  amended,  be 
adopted  by  the  Committee  of  the  Whole  and  reported  to  the  Convention 
with  the  recommendation  that  it  do  pass. 

And  the  motion  prevailed. 

At  the  hour  of  11 :45  o'clock  a.  in.,  Mr.  Revell  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


20  JOURNAL  or  THE  [Apr.  14, 


WEDNESDAY,  APRIL  14,  1920. 

At  the  hour  of  8  :02  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Fyke,  member  of  the  Committee  on  Industrial  Affairs  and 
Labor,  presiding. 

The  subject  matter  under  consideration  being  the  further  discussion 
of  Proposal  Xo.  232,  now  pending  before  the  Committee  on  Industrial 
Affairs  and  Labor,  the  following  gentlemen  addressed  the  Committee 
of  the  Whole : 

Mr.  Charles  Piez.  „  , 

Mr.  Dudley  Taylor. 

(For  text  of  addresses  see  Convention  debates.) 

At  the  hour  of  10 :25  o'clock  p.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


COMMITTEE    OF   THE    WHOLE.  21 


THURSDAY,  APEIL  15,  1920. 

At  the  hour  of  10 :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Cruden,  Chairman  of  the  Committee  on  Suffrage,  presiding. 

The  subject  matter  under  consideration  being  Proposal  Xo.  351, 
the  same  was  taken  up,  read  at  large  and  considered  section  by  section, 
as  follows : 

Section  1  being  taken  up  and  read. 

Mr.  McEwen  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  1. 

Amend  section  1,  in  line  4,  by  adding  after  the  word  "therein,"  the 
words,  "for  any  constitutional  or  statutory  office  or  proposition." 

And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  2. 

Amend  section  1  by  striking  out  all  after  the  word  "years"  in  line  8  and 
insert  in  lieu  thereof  the  words  "in  accordance  with  the  laws  of  the  United 
States." 

And  the  amendment  was  lost. 

Mr.  Sneed  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  3. 

Amend  section  1  by  adding  at  the  end  of  line  8  after  the  words  "United 
States"  the  words  "unless  said  citizens  who  have  complied  with  this  section 
exercise  their  right  of  franchise  or  are  hindered  by  a  legal  excuse  shall  not 
have  a  right  to  vote  for  a  period  of  two  years  " 

Mr.  Dove  offered  the  following  as  a  substitute  for  Amendment 
No.  3. 

"The  General  Assembly  shall  pass  laws  punishing  wilful  and  deliberate 
failure  on  the  part  of  any. elector  to  register  and  vote  on  every  election." 

Pending  consideration,  at  the  hour  of  12 :30  o'clock  p.  m.,  Mr. 
Hamill  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


22  JOURNAL  OF  THE  [Apr.  21, 


WEDNESDAY,  APEIL  21,  1920. 

At  the  hour  of  10  :10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Cruden,  Chairman  of  the  Committee  on  Suffrage,  presiding. 

The  Committee  of  the  Whole  having  had  under  discussion,  on  April 
15*,  the  consideration  of  Proposal  No.  351,  the  same  was  again  taken  up. 

And  the  pending  question  being  the  consideration  of  the  substitute 
offered  by  Mr.  D'ove,  to  Amendment  No.  3,  to  section  1  of  Proposal 
No.  351. 

Mr.  Dove,  by  unanimous  consent,  withdrew  his  substitute. 

And  Mr.  Sneed  by  unanimous  consent,  withdrew  Amendment  No.  3. 

Whereupon,  Mr.  Traeger  moved  that  section  1,  of  Proposal  No.  351, 
be  adopted. 

And  the  motion  prevailed. 

Section  2  being  taken  up  and  read. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4.  * 

Amend  section  2  as  follows:  Add  after  the  word  "ballot"  the  following: 
"or  by  such  other  method  as  may  be  prescribed  by  law;  provided,  thaf, 
secrecy  in  voting  be  preserved." 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows :  Yeas,  25 ;  nays,  43. 

And  the  amendment  was  lost. 

Mr.  Smith  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  5. 

Amend  section  2  of  Proposal  No.  351,  as  printed,  to  read  as  follows: 
Sec.  2.  All  votes  shall  be  by  ballot,  and  no  elector  shall  at  any  election  cast 
more  than  one  vote  for  the  same  person  for  the  same  office. 

Pending  consideration,  Mr.  Sutherland  moved  that  section  2  to- 
gether with  Amendment  No.  5,  be  re-committed  to  the  Committee  01 
Legislative  Department. 

Pending  discussion,  Mr.  Sutherland,  by  unanimous  consent,  with- 
drew his  motion. 

The  question  then  being  on  the  adoption  of  Amendment  No.  5,  it 
was  decided  in  the  negative. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 


1920.]  COMMITTEE   OF    THE    WHOLE.  23 

AMENDMENT  No.  6. 

Amend  section  2  as  follows:  Add  after  the  word  "ballot"  the  words 
"the  General  Assembly  may  provide  for  absentee  voting." 

And  the  amendment  was  lost. 

There  hehig  no  further  amendments,  section  2,  was,  on  motion  of 
Mr.  Traeger,  adopted. 

Section  3  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Mills,  adopted. 

Section  4  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Traeger,  adopted. 

Section  5,  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Traeger,  adopted. 

Section  6  being  taken  up  and  read. 

Mr.  Hull  offered  the  following  amendments  and  moved  their  adop- 
tion : 

AMENDMENT  No.  7. 

Amend  section  6  by  striking  out  the  words  "or  appointed"  in  line  1  and 
the  words  "or  appointment"  in  line  3  of  said  section. 

And  the  amendment  was  lost. 

AMENDMENT  No.  8. 

Amend  section  6  by  adding  the  following:  "This  section  shall  not  pre- 
clude the  General  Assembly  from  prescribing  additional  qualifications  for  the 
holding  of  any  elective  office." 

Pending  consideration,  Mr.  Kinaker  offered  the  following  amend- 
ment to  Amendment  No.  8 : 

Amend  Amendment  No.  8,  by  striking  out  the  word  "elective." 

The  question  being  on  the  adoption  of  the  amendment  to  Amend- 
ment No.  8,  a  division  was  had  resulting  as  follows :  Yeas,  42 ;  nays,  28. 

And  the  amendment  to  Amendment  No.  8,  was  adopted. 

The  question  then  being  on  the  adoption  of  Amendment  No.  8.  as 
amended,  it  was  decided  in  the  affirmative. 

Mr.  Gee  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  9. 

Amend  section  6,  by  adding  after  the  word  "appointment"  the  following 
words:  "or  who  is  unable  to  read  and  write  the  English  language." 

The  question  being  on  the  adoption  of  the  amendment  a  division 
was  had  resulting  as  follows:  Yeas,  42;  nays,  29. 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  6,  as  amended,  was,  on 
motion  of  Mr.  Trautmann,  adopted. 

Section  7  being  taken  up  and  read. 

Mr.  Gee  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  10. 

Amend  section  7,  by  adding  after  the  word  "crimes"  the  words  "And 
persons  who  refuse  to  bear  arms  in  defense  of  the  State  or  Nation,  on  ac- 


24  JOURNAL   OF   THE  [Apr.    21, 

count  of  conscientious  scruples  or  who  cannot  read  and  write  the  English 
language." 

Mr.  Davis  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption  : 

Amend  Amendment  No.  10,  by  striking  out  the  words  "or  who  cannot 
read  and  write  the  English  language." 

Which  amendment  was  accepted  by  Mr.  Gee,  the  introducer  of 
Amendment  No.  10. 

Mr.  Sutherland  offered  the  following  amendment  to  Amendment 
No.  10,  and  moved  its  adoption: 

Amend  Amendment  No.  10,  by  adding  the  following:  "or  to  refuse  such 
other  service  as  is  provided  in  the  article  on  militia." 

And  the  amendment  to  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  10,  it 
was  decided  in  the  negative. 

Mr.  Sneed  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  11. 

Amend  section  7  by  adding  at  the  end  of  line  2,  after  the  words  "in- 
famous crimes"  the  words  "and  those  who  wilfully  refuse  to  exercise  their 
right  of  suffrage." 

Pending  consideration,  at  the  hour  of  1 :00  o'clock  p.  in.,  Mr.  Traut- 
mann  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMI'I'I  Kli   OF   TIlli    WJIOLE.  25 


WEDNESDAY,  APRIL  21,  1920. 

At  the  hour  of  8  :02  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  DeYoung,  Chairman  of  the  Committee  on  Judicial  Depart- 
ment, presiding. 

The  subject  matter  under  consideration  being  the  further  discussion 
of  the  various  Proposals  relating  to  or  affecting  the  organizatio'n  of  tha 
Judicial  Department,  the  following  persons  addressed  the  Committee 
of  the  Whole : 

Hon.  Albert  C.  Barnes,  Judge  of  the  "Appellate  Court. 
Mr.   Robert   J.   Folonie,   Attorney,   representing  the   Citizens' 

Association  of  Chicago. 

Professor  Andrew  McLaughlin,  University  of  Chicago,  repre- 
senting the  City  Club  of  Chicago. 

Mr.  W.  F.  Alden,  Attorney,  of  the  Chicago  Association  of  Com- 
merce. 

Mr.  John  H.  S.  Lee,  Attorney,  of  the  Chicago  Crime  Commis- 
sion. 

Mr.  Albert  M.  Kales,  Attorney. 
Miss  Edith  Rockwood,  of  the  Women's  City  Club. 
(For  text  of  addresses  see  Convention  debates.) 

On  motion  of  Mr.  Davis  a  vote  of  thanks  was  extended  to  the 
speakers  for  their  instructive  addresses. 

At  the  hour  of  11 :10  o'clock  p.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


26  JOURNAL  OF  THE  [Apr.  22, 


THURSDAY,  APRIL  22,  1920. 

At  the  hour  of  10 :15  o'clock  a.  m.,  the  Convention  went  into 
Committee  of  the  Whole. 

Mr.   Cruden,  Chairman  of  the  Committee  on  Suffrage,  presiding, 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion^on  April  21,  the  consideration  of  Proposal  Xo.  351,  the  same 
was  again  taken  up. 

And  the  pending  question  being  the  consideration  of  Amendment 
No.  11,  offered  by  Mr.  Sneed. 

Mr.  Dawes  offered  the  following  as  a  substitute  and  moved  its 
adoption : 

The  General  Assembly  may  pass  laws  fixing  penalties  for  the  neglect  of 
the  voting  privilege  but  not  such  as  to  disfranchise  permanently  any  citizen. 

Pending  discussion,  Mr.  Lindly  moved  that  the  Committee  do  now 
proceed  to  vote  on  the  adoption  or  rejection  of  the  substitute  and  amend- 
ment now  before  the  Committee  for  consideration. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute,  offered 
by  Mr.  Dawes,  for  Amendment  No.  11,  a  division  was  had  resulting  as 
follows:  Yeas,  24;  nays,  49. 

And  the  substitute  to  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  11,  it 
was  decided  in  the  negative. 

At  the  hour  of  12:40  o'clock  p.  m.,  Mr.  Davis  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE   WHOLE.  27 


FRIDAY,  APRIL  23,  1920. 

At  the  hour  of  10:10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  Proposal  No.  354. 

Mr.  Wilson,  member  of  the  Committee  on  Public  Works  and  Im- 
provements, presiding. 

Proposal  No.  354,  was  taken  up  and  read,  at  large. 

Pending  consideration,  at  the  hour  of  10 :40  o'clock  a.  m.,  Mr. 
Brenholt  moved  that  the  Committee  do  now  rise,  report  progress  and 
ask  leave  to  sit  again. 

And  the  motion  prevailed. 


28  JOURNAL   OE   THE  [Apr.    27, 


TUESDAY,  APRIL  27,  1920. 

At  the  hour  of  10  :10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.   Cruden,  Chairman  of  the  Committee  on   Suffrage,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion on  April  22,  the  consideration  of  Proposal  No.  351,  the  same 
was  again  taken  up. 

And^the  pending  question  being  the  adoption  of  section  7. 

Mr.  Whitman  offered  the  following  amendment  and  moved  ita 
adoption : 

AMENDMENT  No.  12. 

Amend  Proposal  No.  351,  by  striking  out  all  of  section  seven  (7)  of  the 
printed  Proposal,  and  substituting  in  lieu  thereof  the  following: 

Section  7:  No  idiot  or  person  adjudged  insane,  or  persons  convicted  01 
any  infamous  crime,  shall  be  entitled  to  the  privilege  of  an  elector,  unless 
restored  to  civil  rights. 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  7,  as  amended  was,  on 
motion  of  Mr.  Lindly,  adopted. 

Section  8  being  taken  up  and  read. 

Mr.  Gilbert  offered  the  following  as  substitute  and  moved  its  adop- 
tion :  ' 

"Section  8.  The  General  Assembly  shall  by  law  provide  that  city,  vil- 
lage, township,  school  district  and  other  local  officers  shall  be  elected  on  the 
same  day  in  all  political  subdivisions  in  which  any  of  such  officers  are  to 
be  chosen." 

Pending  discussion,  Mr.  Davis  moved  that  the  Committee  now 
proceed  to  vote  on  the  substitute  offered  for  section  8. 

Mr.  Gilbert  asked  unanimous  consent  to  withdraw  his  substitute 
from  further  consideration  at  this  time. 

Unanimous  consent  being  refused.  Mr.  Davis  moved  that  Mr.  Gil- 
bert be  granted  permission  to  withdraw  his  substitute. 

Mr.  Lindly  raised  the  point  of  order  that  unanimous  consent  had 
been  refused  and  that,  under  the  rules,  permission  could  not  be  granted 
by  a  motion. 

And  the  point  of  order  was  sustained. 

Whereupon  Mr.  Davis  moved  that  further  debate  on  the  substitute 
be  closed  and  that  the  vote  on  its  adoption  or  rejection  be  now  taken. 

The  question  being  on  the  motion  of  Mr,  Davis,  a  division  was  had 
resulting  as  follows:  Yeas,  61;  nays,  6. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute,  offered 
by  Mr.  Gilbert,  it  was  decided  in  the  negative. 


1920.]  COMMITTEE    OF    THE   WHOLE.  29 

Mr.  Michal  offered  the  following  amendment  to  section  8  and  moved 
its  adoption : 

AMENDMENT  N.o.  13. 

Amend  section  8  by  adding  at  the  end  thereof  the  following:  The 
General  Assembly  shall  pass  no  law  for  a  direct  primary  election,  except  for 
the  selection  of  delegates  to  nominating  conventions. 

Mr.  Gee  offered  the  following  as  a  substitute  for  Amendment 
No.  13 : 

Amend  section  8  by  adding  at  the  end  thereof  the  following:  Provided 
that  nothing  herein  shall  interfere  with  law  now  provided  or  that  hereafter 
may  be  provided  by  the  General  Assembly  for  primary  elections. 

Pending  discussion,  Mr.  Hull  moved  that  section  8,  together  with 
the  pending  amendments  be  reported  to  the  Convention  with  the  recom- 
mendation that  they  be  recommitted  to  the  Committee  on  Suffrage. 

And  the  motion  prevailed. 

At  the  hour  of  12  :3.0  o'clock  p.  in.,  Mr.  Dunlap  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


30  JOURNAL   OF    THE  [Apr.    28, 


WEDNESDAY,  APRIL  28,  1920. 

At  the  hour  of  10:10  o'clock  a.  m.,-the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Wilson,  member  of  the  Committee  on  Public  Works  and  Im- 
provements, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  April  23,  the  consideration  of  Proposal  No.  354,  the  same 
was  again  taken  up. 

Whereupon  Mr.  Hull  offered  the  following  amendment  and  moved 
its  adoption: 

AMENDMENT  No.  1. 

Amend  Proposal  No.  354,  by  inserting  after  the  words  "disposed  of"  in 
line  4  of  the  printed  Proposal  the  words  "nor  shall  any  part  of  such  canal 
or  waterway  or  any  water  power  site  or  sites  appurtenant  thereto  be  sold." 

And  the  amendment  was  adopted. 

Mr.  Lindly  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  2. 

Amend  Proposal  No.  354,  as  printed,  by  inserting  after  the  word  "de- 
velopment" in  line  8  the  words  "nor  to  the"  and  'also  by  striking  out  the 
word  "or"  in  line  9  of  paid  printed  Proposal  and  by  inserting  in  lieu  thereof 
the  words  "nor  lo  the  sale  or  lease." 

And  the  amendment  was  adopted. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  3. 

Amend  Proposal  No.  354,  by  adding  after  the  word  "created"  in  line  12 
of  the  printed  Proposal  the  following:  "and  such  additional  conditions  of 
sale  or  lease  as  are  now  or  may  hereafter  be  provided  by  law." 

Mr.  Gilbert  offered  the  following  as  a  substitute  for  paragraph  2 
and  the  proposed  Amendment  No.  3 : 

Provided,  that  lands  end  lots  not  needed  in  connection  with  navigation, 
power  development,  terminals,  docks  or  other  works  appurtenant  thereto 
may  be  sold,  the  Governor  and  General  Assembly  concurring; 

And  provided  further,  that  sites  for  power  development,  water  or  energy 
developed  from  water  power,  may  be  let  or  leased,  and  the  rental  or  the 
rates  to  be  received  by  the  State  therefor,  shall  at  all  times  be  fair,  just  and 
reasonable  both  to  the  lessee  and  to  the  State. 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  negative. 

Whereupon  Mr.  Six  offered  the  following  as  a  substitute  and  moved 
its  adoption : 


1920.]  COMMITTEE   OF   THE  WHOLE,  31 

"After  the  expiration  of  any  lease  or  revaluation  period  the  State  shall 
have  the  right  to  retake  the  property  for  itself  or  for  a  new  lessee  upon  the 
payment  of  a  fair,  just  and  sufficient  compensation  for  the  property  and  for 
all  dependent  property,  if  taken,  and  if  the  dependent  property  is  not  taken, 
then  fair,  just  and  sufficient  compensation  be  paid  for  all  severance  damages'. 
Provision  may  be  made  that  the  old  lessee  have  priority  over  any  new 
lessee." 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  negative. 

The  question  recurring  on  the  adoption  of  Amendment  No.  3,  it 
was  decided  in  the  affirmative. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4. 

Amend  Proposal  No.  354,  by  inserting  the  word  "detached"  after  the 
word  "of"  in  line  9  of  the  printed  Proposal. 

Pending  discussion,  Mr.  Carlstrom  offered  the  following  as  an 
amendment  to  Amendment  No.  4,  which  amendment  to  the  amendment 
was  accepted  by  Mr.  Dunlap : 

"Strike  out  the  words  'sale  or'  in  line  9  before  the  word  'lease'  in  said 
line  9  and  insert  after  the  word  'works'  in  line  10  the  words  'nor  to  the  sale 
of  lands  or  lots  detached  from,  and  not  appurtenant  to  the  right  of  way  ot 
any  such  canal  or  waterway.'  " 

Thereupon,  Mr.  Einaker  offered  the  following  as  a  substitute  for 
Amendment  No.  4,  as  amended,  and  moved  its  adoption : 

Provided,  that  this  restriction  shall  not  apply  to  the  lease  of  water,  or 
sites,  for  power  development,  to  the  sale  or  lease  of  energy  developed  from 
waterpower  or  to  the  lease  of  lands  or  lots  not  then  required  for  the  use  of 
such  canal  or  waterway,  for  temporary  use  until  required  for  such  canal  or 
waterway,  all  to  be  made  upon  terms  and  conditions  to  be  prescribed  by  law. 

The  question  being  on  the  adoption  of  the  substitute,  a  division 
was  had,  resulting  as  follows :  Yeas,  33  :  nays,  38. 

And  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  4,  as 
amended  by  Mr.  Carlstrom  and  accepted  by  Mr.  Dunlap,  it  was  decided 
in  the  affirmative. 

Mr.  Gilbert  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  5. 

Amend  Proposal  No.  354,  by  substituting  the  word  "five"  for  the  word 
"ten"  in  line  5. 

And  the  amendment  was  lost. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  6. 

Amend  Proposal  No.  354,  by  adding  after  the  word  "lease"  in  line  11  of 
the  printed  Proposal  the  words  "or  rate  specified  to  be  paid  in  any  such  sale 
of  energy." 

And  the  amendment  was  adopted. 


32  JOURNAL  OF  THE  [Apr.  28, 

Mr.  Eevell  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  7. 

Amend  Proposal  No.  354  by  striking  out  the  words  "at  such  an  election" 
in  line  6  and  inserting  in  lieu  thereof  the  words  "on  said  Proposal." 

Pending  discussion.,  by  unanimous  consent,,  Mr.  Eevell  withdrew 
Amendment  No.  7. 

Mr.  Lindly  moved  that  Proposal  No.  354,  as  amended,  be  now 
adopted. 

Pending  discussion,  at  the  hour  of  12:55  o'clock  p.  m.,  Mr.  Green 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave 
to  sit  again. 

And  on  that  motion  a  division  was  had  resulting  as  follows:  Yeas, 
GO ;  nays,  6. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE   WHOLE. 


THURSDAY,  APRIL  29,  1920. 

At  the  hour  of  10 :20  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Wilson,  member  of  the  Committee  on  Public  Works  and  Im- 
provements, presiding. 

•  The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  April  28,  the  consideration  of  Proposal  No.  354,  the  same  . 
was  again  taken  up. 

And  the  pending  question  being  the  motion  of  Mr.  Lindly  to  adopt 
the  Proposal  as  amended. 

Mr.  Stewart  asked  and  obtained  unanimous  consent  to  have  Mr. 
Bennett,  from  the  Board  of  Public  Works,  address  the  Convention  on 
subjects  pertaining  to  Proposal  No.  354. 

Whereupon  Mr.  Bennett  addressed  the  Convention  at  length. 

Mr.  Carlstrom,  thereupon,  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  8. 

Amend  Proposal  No.  354,  by  adding,  "The  General  Assembly  shall  never 
loan  the  credit  of  the  State  or  make  appropriations  from  the  treasury  thereof, 
in  aid  of  any  railroad,  nor  in  aid  of  any  canal  or  waterway,  except  to  appro- 
priate the  proceeds  realized  from  the  sale  of  any  bonds  now  authorized  to  be 
issued  for  such  purpose,  together  with  the  earnings  realized  from  the  sale, 
lease  or  operation  of  any  such  canal  or  waterway,  or  any  product,  power, 
energy,  water  or  other  incidental  right,  developed  by  or  resulting  from  the 
construction,  maintenance  or  operation  of  any  such  canal  or  waterway  as 
herein  provided  for.  and  such  other  issues  of  bonds  or  appropriations  of 
monies  as  shall  first  be  approved  by  the  electors  of  this  State,  at  a  refer- 
endum vote  on  such  issue  or  appropriation. 

Pending  discussion  Mr.  Gale  offered  the  following  as  an  amendment 
to  Amendment  No.  8,  and  moved  its  adoption : 

"And  no  bonds,  whether  heretofore  authorized  or  not,  shall  be  sold  or 
issujed  by  the  State  in  aid  of  any  canal  or  waterway  unless  the  specific  propo- 
sition therefor  shall  first  be  submitted  to  a  vote  of  the  people  of  the  State  at 
a  general  election  and  approved  by  a  majority  of  those  voting  thereon." 

Whereupon  Mr.  Sutherland  offered  the  following  as  a  substitute  for 
Amendment  No.  8  and  the  pending  amendment  to  Amendment  No.  8 : 

Amend  Proposal  No.  354,  by  adding  at  the  end  of  paragraph  one,  the  fol 
lowing  sentence:  "The  General  Assembly  shall  never  loan  the  credit  of  the 
State  in  aid  of  canals  or  waterways  in  excess  of  bonds  already  authorized 
at  the  adoption  of  this  Constitution,  except  under  the  provisions  of  section 
18  of  Article  IV  of  the  Constitution  of  1870  and  shall  never  make  any  appro- 
priation,  except  from  the  proceeds  of  bond  issues  and  out  of  revenue  derived 
from  the  operation  of  such  State  projects,  from  the  State  Treasury  for  such 
purpose,  unless  the  law  making  such  appropriation  together  with  the  law 
levying  the  tax  therefor  shall  be  submitted  to  the  electors  of  the  State  at  the 

—3  C  W 


34  JOURNAL  OF  THE  [Apr.  29, 

next  succeeding  general  election,  and  acts  so  submitted  shall  not  take  effect 
unless  at  such  election  they  shall  receive  a  majority  of  the  votes  polled. 
Only  one  such  proposition  shall  be  submitted  at  any  given  election  and  shall 
be  in  aid  of  not  more  than  one  canal  or  waterway." 

Pending  consideration,  at  the  hour  of  1 :00  o'clock  p.  m.,  Mr. 
Lindly  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF   TITE    WHOLE.  35 


TUESDAY,  MAY  4,  1920. 

At  the  hour  of  10 :20  o'clock  a.  m.,  the  Convention*went  into  Com- 
mittee of  the  Whole. 

Mr.  Wilson,  member  of  the  Committee  on  Public  Works  and  Im- 
provements, presiding. 

The  Committee  of  the  Whole,  having  heretofore,  had  under  dis- 
cussion, on  April  29,  the  consideration  of  Proposal  No.  354,  the  same 
was  again  taken  up. 

And  the  pending  question  being  the  consideration  of  the  substitute 
offered  by  Mr.  Sutherland  the  same  was,  by  unanimous  consent,  with- 
drawn. 

The  question  recurring  on  the  amendment  to  the  amendment  by 
Mr.  Gale,  and  also  in  turn  on  Amendment  No.  8  by  Mr.  Carlstrom,  both 
were,  by  unanimous  consent,  withdrawn. 

Whereupon,  Mr.  Corlett  offered  the  following  as  a  substitute  for 
the  entire  Proposal  No.  354,  as  amended,  and  moved  its  adoption : 

CANALS. 

The  Illinois  and  Michigan  Canal,  or  other  canal  or  waterway  owned  by 
the  State  shall  never  be  sold  or  leased  until  the  specific  proposition  for  the 
sale  or  lease  thereof  shall  first  have  been  submitted  to  a  vote  of  the  people 
of  the  State  at  a  general  election,  and  have  been  approved  by  a  majority  of 
all  the  votes  polled  at  such  election.  The  General  Assembly  shall  never 
loan  the  credit  of  the  State  or  make  appropriations  from  the  treasury  thereof, 
in  aid  of  railroads  or  canals; 

Provided,  that  any  surplus  earnings  of  any  canal,  waterway  or  water 
power  may  be  appropriated  or  pledged  for  its  enlargement,  maintenance  or 
extension;  and, 

Provided,  further,  that  the  General  Assembly  may,  by  suitable  legisla- 
tion, provide  for  the  construction  of  a  deep  waterway  or  canal  from  the 
present  water  power  plant  of  the  Sanitary  District  of  Chicago  at  or  near 
Lockport,  in  the  township  of  Lockport,  in  the  county  of  Will,  to  a  point  in 
the  Illinois  River  at  or  near  Utica,  which  may  be  practical  for  a  general  plan 
and  scheme  of  deep  waterway  along  a  route  which  may  be  deemed  most 
advantageous  for  such  plan  of  deep  waterway;  and  for  the  erection,  equip 
ment  and  maintenance  of  power  plants,  locks,  bridges,  dams  and  appliances 
sufficient  and  suitable  for  the  development  and  utilization  of  the  watei 
power  thereof;  and  authorize  the  issue,  from  time  to  time,  of  bonds  of  this 
State  in  a  total  amount  not  to  exceed  twenty  million  dollars,  which  shall 
draw  interest,  payable  semi-annually,  at  a  rate  not  to  exceed  four  per  cent 
per  annum,  the  proceeds  whereof  may  be  applied  as  the  General  Assembly 
may  provide,  in  the  construction  of  said  waterway  and  in  the  erection,  equip- 
ment and  maintenance  of  said  power  plants,  locks,  bridges,  dams  and 
appliances. 

All  power  developed  from  said  waterway  may  be  leased  in  part  or  in 
whole,  as  the  General  Assembly  may  by  law  provide,  but  in  the  event  of  any 
lease  being  so  executed,  the  rental  specified  therein  for  water  power  shall  be 


36  JOURNAL  OF  THE  [May  4, 

subject  to  a  revaluation  each  ten  years  of  the  term  created,  and  the  income 
therefrom  shall  be  paid  into  the  treasury  of  the  State. 

Pending  discussion,  Mr.  Green  moved  that  the  Committee  of  the 
Whole  recommend  to  the  Convention  that  Proposal  No.  354,  as  now 
amended,  and  the  substitute  offered  by  Mr.  Corlett,  together  with  the 
entire  subject  matter  therein  referred  to,  be  recommitted  to  the  Com- 
mittee on  Public  Works  and  Improvements. 

Mr.  Carlstrom  moved  as  a  substitute  that  debate  be  closed  and  that 
the  Committee  ftow  proceed  to  vote  on  the  substitute  offered  by  Mr. 
Corlett. 

And  the  question  being  on  the  motion  of  Mr.  Carlstrom,  it  was 
decided  in  the  negative. 

The  question  recurring  on  the  motion  to  recommit,  pending  dis- 
cussion, Mr.  Green  moved  that  debate  be  now  closed  and  that  the  Com- 
mittee proceed  to  vote  on  the  motion. 

And  the  question  being  on  the  motion  to  close  debate,  it  was  decided 
in  the  affirmative. 

The  question  then  being  on  the  motion  to  recommit,  it  Avas  decided 
in  the  affirmative. 

At  the  hour  of  12  :30  o'clock  p.  m.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   TOE    WHOLE.  37 


WEDNESDAY,  MAY  5,  1920. 

At  the  hour  of  10:15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering-  the  majority  and 
minority -reports  of  the  Committee  on  Education,  being  Proposals  num- 
bered 359  and  360,  respectively. 

Mr.  Brandon,  Chairman  of  the  Committee  on  Education,  presiding. 

The  majority  report  was  taken  up  and  read  at  large. 

Whereupon,  Mr.  Brandon,  requested  Mr.  Corcoran,  member  of  the 
Committee  on  Education,  to  preside  during  the  .consideration  of  the 
report  in  order  that  he  might  participate '  in  the  discussion  from  the 
floor  of  the  Committee. 

Section  1,  of  said  report,  being  taken  up  and  read. 

Mr.  Hamill  offered  the  following  .amendment  and  moved,  its  adop- 
tion : 

AMENDMENT  No.  1. 

Amend  section  1  by  striking  out  in  lines  4,  5  and  6  the  words,  "The 
General  Assembly  shall  also  provide  for  the  care  and  education  of  dependent, 
defective,  delinquent  and  other  children  requiring  special  consideration." 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  37;  nays,  31. 

And  Amendment  N"o.  1,  was  adopted. 

Mr.  Latchford  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  2. 

Amend  Proposal  No.  359  by  adding  the  following  after  the  word  "State" 
in  line  3  the  words  "And  other  inhabitants  who  are  eligible  for  citizenship." 

And  the  amendment  Avas  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  3. 

Amend  by  adding  to  section  1  the  following:  "That  in  all  schools  ot 
this  State  both  public  and  private  the  English  language  shall  be  the  medium 
of  instruction." 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  1  as  amended  was,  on 
motion  of  Mr.  Dunlap,  adopted. 

At  the  hour  of  12  :40  o'clock  p.  m.,  Mr.  Brandon  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


38  JOURNAL  OF  THE  [May  5, 


WEDNESDAY,  MAY  5,  1920. 

At  the  hour  of  4:05  o'clock  p".  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

Mr.  Brandon,  Chairman  of  the  Committee  on  Education,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  this  date,  the  consideration  of  Pjoposal  No.  359,  the  same 
was  again  taken  up. 

Whereupon,  section  2  being  read. 

Mr.  Barr  moved  its  adoption. 

Pending  discussion,  Mr.  Sutherland  moved  that  debate  be  now 
closed,  and  that  the  Committee  proceed  to  vote  on  the  motion. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  2,  a  division 
was  had,  resulting  as  follows:  Yeas,  31;  nays,  36. 

And  the  motion  was  lost. 

Section  3  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Rosenberg,  adopted. 

Section  4  and  also  the  Minority  Report,  as  set  out  in  Proposal  No. 
360,  being  taken  up  and  read. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  4. 

Amend  section  4  of.  Proposal  No.  359  by  substituting  therefore  the 
Minority  Report  contained  in  Proposal  No.  360. 

Pending  consideration  at  the  hour  of  6  :20  o'clock  p.  m.,  Mr.  Dunlap 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave 
to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WITOLK. 


THUKSDAY,  MAY  6,  1920. 

At  the  hour  of  10:20  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Brandon,  Chairman  of  the  Committee  on  Education,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  May  5,  the  consideration  of  the  majority  and  minority  reports 
of  the  Committee  on  Education,  being  Proposals  numbered  359  and 
360  respectively,  the  same  were  again  taken  up. 

And  the  pending  question  being  the  amendment  of  Mr.  D'unlap,  to 
adopt  the  Minority  Keport  in  lieu  of  section  4-  of  the  Majority  Report. 

Mr.  Dunlap,  thereupon  by  unanimous  consent,  offered  the  following 
as  an  amendment  to  the  Minority  Report,  to-wit : 

"This  section  shall  not  become  effective  until  five  years  after  the  adop- 
tion of  this  Constitution,  and  during  such  period  of  five  years,  section  3  of 
Article  8  of  the  present  Constitution  shall  remain  in  full  force  and  effect." 

Mr.  Rinaker  offered  the  following  as  a  substitute  and  moved  its 
adoption :  • 

"This  section  shall  not  apply  to  any  institution  which  has,  within  two 
years  prior  to  January  1,  1920,  received  public  funds  for  services  rendered, 
until  ten  years  after  the  adoption  of  this  Constitution." 

The  question  being  on  the  adoption  of  the  substitute,  it  was  decided 
in  the  affirmative. 

Pending  discussion  Mr.  Michal  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote  on  the  motion. 

And  the  motion  was  lost. 

At  the  hour  of  12:35  o'clock  p.  rn.,  Mr.  Mighell  moved  that  the 
Committee  do  now  rise,  report  progress,  and  ask  leave  to  sit  again. 

And  the  motion  was  lost. 

Pending  further  discussion,  at  the  hour  of  1 :05  o'clock  p.  m.,  Mr. 
Corcoran  moved  that  the  Committee  do  now  rise,  report  progress  and 
ask  leave  to  sit  again. 

And  the  motion  prevailed. 


40  JOURNAL  OF  THE  [May  6, 


THURSDAY,  MAY  6,  1920. 

At  the  hour  of  4  :02  o'clock-  p.  in.,,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Brandon,  Chairman  of  the  Committee  on  Education,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
,sion,  on  this  date,  the  consideration  of  the  Majority  and  Minority  Re- 
ports of  the  Committee  on  Education,  being  Proposals  numbered  359 
and  36*0,  respectively,  the  same  were  again  taken. 

And  the  pending  question  being  the  adoption  of  the  Minority  Re- 
port, as  amended. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

Strike  out  of  lines  3  and  4  of  section  4  of  Minority  Report  the  following: 
"to  any  church  or  for  any  sectarian  purpose,  or."  Strike  out  all  of  the  sec- 
tion after  the  word  "whatever"  in  line  6.  Insert  immediately  after  the  word 
"whatever"  in  line  6  the  following:  "except  for  the  purchase  or  lease  of 
property." 

The  question  being  on  the  adoption  of  the  amendment,  it  was 
decided  in  the  negative. 

Mr.  Trail tmann  offered  the  following  amendment  and  moved  its 
adoption : 

Amend  the  Minority  Report,  as  amended,  so  as  to  read  "Until  fifteen 
years  after  the  adoption  of  this  Constitution"  instead  of  "ten  years,  etc." 

And  the  amendment  was  adopted. 

Mr.  W.  A.  Johnson  moved  that  debate  be  now  closed  and  that  the 
Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  Minority  Report,  as 
amended,  a  division  was  had  resulting  as  follows:  Yeas,  41;  nays,  27. 

And  the  Minority  Report,  as  amended,  was  adopted. 

Mr.  Dunlap,  thereupon,  moved  that  section  4  of  the  Majority  Re- 
port, as  amended,  by  the  substitution  of  the  Minority  Report  be  now 
adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows : 
Yeas,  36;  nays,  25. 

And  section  4,  as  amended,  was  adopted. 

Pending  further  discussion,  Mr.  Green  moved  that  section  4  be 
recommitted  to  the  Committee  on  Education  for  better  wording. 

And  the  motion  was  lost. 

Section  5  being  taken  up  and  read  and  no  amendments  being 
offered,  was  on  motion  of  Mr.  Corcoran,  adopted. 

Section  6  was  taken  up  and  read. 

Whereupon  Mr.  Hull  offered  the  following  amendment  and  moved 
its  adoption: 


1920.]  COMMITTEE   OF   THE   WHOLE.  41 

AMENDMENT  No.  5. 

Amend  section  6  by  striking  out  the  word  "election"  in  lines  2  and  3 
and  substituting  therefor  the  word  "selection." 

Pending  consideration,  at  the  hour  of  6 :55  o'clock  p.  m.,  Mr. 
Hamill  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  41;  nays,  9. 

And  the  motion  prevailed. 


'42  JOURNAL  OF  THE  [May  11, 


TUESDAY,  MAY  11,  1920. 

At  the  hour  of  10  :10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Brandon,  Chairman  of  the  Committee  on  Education,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  May  (),  the  consideration  of  the  Majority  and  Minority  Re- 
ports of  the  Committee  on  Education,  being  Proposals  numbered  359 
and  360  respectively,  the  same  were  again  taken  up. 

And  the  pending  question  being  the  amendment  offered  by  Mr. 
Hull,  to  section  6. 

Mr.  Hull,  by  unanimous  consent,  withdrew  his  amendment. 

Whereupon  Mr.  Hamill  moved  to  amend  by  striking  out  section  fi. 

And  the  question  being  on  the  adoption  of  the  motion  of  Mr. 
Hamill,  a  division  was  had  resulting  as  follows  :  Yeas,  19 ;  nays,  54. 

And  the  motion  was  lost. 

Mr.  Gilbert  moved  to  amend  by  striking  out  the  word  "may"  in 
line  1  and  inserting  in  lieu  thereof  the  word  "shall." 

And  the  motion  was  lost.  . 

The  question  then  being  on  the  adoption  of  section  6,  it  was  decided 
in  the  affirmative. 

Mr.  Barr  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  6. 

Amend  Proposal  No.  359,  by  inserting  a  section  to  be  known  as  section 
2  to  read  as  follows: 

Section  2.  "The  General  Assembly  shall  make  adequate  provision  for 
the  maintenance  and  development  of  the  University  of  Illinois." 

Mr.  Hamill  raised  the  point  of  order  that  the  amendment  was  not 
in  order  for  the  reason  that  it  contained  matter  similar  to  that  already 
passed  upon  in  section  2. 

The  Chair  ruled  that  the  point  of  order  was  not  well  taken  for  the 
reason  that  the  amendment  did  not  contain  all  of  the  subject  matter 
passed  on  in  section  2. 

Pending  discussion  Mr.  Carlstrom  moved  to  amend  the  amendment, 
offered  by  Mr.  Barr,  by  striking  out  the  word  "adequate." 

The  question  being  on  the  adoption  of  the  amendment  to  the  amend- 
ment, a  division  was  had  resulting  as  follows :  Yeas,  33 ;  nays,  37. 

And  the  amendment  to  the  amendment  was  lost. 

Mr.  Shaw  offered  the  following  amendment  to  the  amendment  and 
moved  its  adoption : 

Amend  by  adding  the  following:  "To  be  controlled  by  an  elected  board 
of  trustees." 


1920.]  COMMITTEE   OF    THE   WHOLE.  43 

Mr.  Hamill  again  raised  the  point  of  order  that  the  subject  matter 
herein  contained  was  the  same  as  that  formerly  considered. 

The  Chair  ruled  that  the  point  of  order  was  not  well  taken. 

Pending  discussion,  Mr.  Shaw,  by  unanimous  consent,  withdrew  his 
amendment  to  the  amendment. 

The  question  then  being  on  the  adoption  of  the  amendment,  offered 
by  Mr.  Barr,  a  division  was  had  resulting  as  follows :  Yeas,  47" ;  nays,  24. 

And  the  amendment  was  adopted. 

Mr.  Dunlap  moved  that  Proposal  'No.  359,  as  now  amended,  be 
adopted  by  the  Committee  of  the  Whole  and  reported  to  the  Convention 
with  the  recommendation  that  it  do  pass. 

The  question  being  on  the  motion,  a  division  was  had  resulting  as 
follows:  Yeas,  57;  nays,  9. 

And  Proposal  'No.  359,  as  amended,  was  adopted. 

Pending  further  discussion,  Mr.  Dietz  moved  that  the  vote  by 
which  Proposal  No.  359  was  adopted  be  reconsidered. 

And  the  motion  was  lost. 

At  the  hour  of  12:15  o'clock  p.  m.,  Mr.  Michaelson  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


44  JOURNAL  OF  THE  [May 


WEDNESDAY,  MAY  12,  1920. 

At  the  hour  of  9:25  o'clock'  a.  m.  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the  several  reports 
from  the  Committee  011  Distinction  between  Constitutional  and  Legis- 
lative Subjects. 

Mr.  Dietz,  Chairman  of  the  Committee  on  Distinction  between 
Constitutional  and  Legislative  Subjects,,  presiding. 

Mr.  Dietz  requested  Mr.  Corlett  to  take  the  chair  and  withdrew  to 
the  lloor  of  the  Committee. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posals numbered  15  and  106  were  then  taken  up  for  consideration  and 
the  recommendation  of  the  Committee  that  said  Proposals  be  re-referred 
was.,  on  motion  of  Mr.  Dunlap,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  23,  was  taken  up  for  consideration  and  the  recommendation  of 
the  Committee  that  said  Proposal  be  re-referred  was,  on  motion  of  Mr. 
Dietz,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  211,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  be  re-referred  was,  on  motion  of 
Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  282,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  be  re-referred  was,  on  motion  of 
Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  284,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  be  re-referred  was,  on  motion  of 
Mr.  Lohman,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  73,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution,  was  on  motion  of  Mr.  Michal,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  74,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution  was,  on  motion  of  Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  75,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution  was,  on  motion  of  Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  77,  was  taken  up  for  consideration  and  the  recommendation 


1920.]  COMMITTEE   OF    THE    WHOLE.  45 

of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution  was,  on  motion  of  Mr.  Michal,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  98,  was  taken  up  for  consideration  and  the  recommendation  of 
the  Committee  that  said  Proposal  do  not  become  a  part  of  the  proposed 
Constitution  was,  on  motion  of  Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  148,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution  was,  on  motion  of  Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  157,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the -pro- 
posed Constitution  was,  on  motion  of  Mr,  Lohman,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  186,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution,  was  on  motion  of  Mr.  Todd,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  202,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  hot  become  a  part  of  the  pro- 
posed Constitution  was,  on  motion  of  Mr.  Kunde,  concurred  in. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  224,  was  taken  up  and  by  unanimous  consent  and  on  motion  of 
Mr.  Dietz,  said  report  was  withdrawn  by  the  Committee  on  Distinction 
with  the  request  that  a  like  recommendation  be  made  to  the  Convention. 

The  report  of  the  Committee  on  Distinction  with  reference  to  Pro- 
posal No.  288,  was  taken  up  for  consideration  and  the  recommendation 
of  the  Committee  that  said  Proposal  do  not  become  a  part  of  the  pro- 
posed Constitution  was,  on  motion  of  Mr.  Dupuy,  concurred  in. 

The  report  of  the  Committee  on  Distinction  between  Constitutional 
and  Legislative  Subjects  having  been  disposed  of.  Mr.  Corlett  called  Mr. 
O'Brien  to  the  chair. 

And  the  Committee  of  the  Whole  thereupon  proceeded  to  the  con- 
sideration of  Proposals  numbered  357  and  358  reported  from  the  Com- 
mittee on  Miscellaneous  Subjects. 

Proposal  No.  357  being  taken  up  and  read  at  large  and  no  amend- 
ments being  offered,  was,  on  motion  of  Mr.  Revell,  adopted. 

•     Proposal  No.  358  being  taken  up  and  read  at  large  and  no  amend- 
ments being  offered  was,  on  motion  of  Mr.  Paddock,  adopted. 

At  the  hour  of  11 :10  o'clock  a.  m.,  Mr.  Lohman  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


JOURNAL  OF  THE  [May  13, 


THURSDAY,  MAY  13,  1920. 

At  the  hour  of  9  :25  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Cruden,  Chairman  of  the  Committee  on  Suffrage,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion on  April  27,  the  consideration  of  Proposal  No.  351  and  section 
8  thereof  together  with  the  pending  amendments  which  were  re- 
committed to  the  Committee  on  Suffrage  and  reported  back  as  sections 
8,  9  and  10,  and  again  referred  to  the  Committee  of  the  Whole,  the  same 
were  taken  up. 

Whereupon  Mr.  Nichols  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  14. 

Amend  section  8  of  the  last  report  of  the  Committee  on  Suffrage  by 
adding  thereto  the  following: 

"This  section  shall  not  apply  to  elections  for  school  directors  and  mem- 
bers of  boards  of  education,  and  these  officers  shall  be  elected  at  such  times 
and  in  such  manner  as  may  be  prescribed  by  law." 

Mr.  Sutherland  offered  the  following  as  a  substitute  for  both  the 
amendment  and  also  section  8  and  moved  its  adoption : 

Except  as  otherwise  provided  by  general  law  concurred  in  by  two-thirds 
of  the  members  elected  to  each  branch  of  the  General  Assembly  and  passed 
after  January  1,  1927,  all  regular  final  elections  to  fill  offices  created  by  this 
Constitution,  or  which  are  or  may  be  established  by  law  may  be  held  on  the 
first  Tuesday  after  the  first  Monday  in  November  in  each  year  and  at  no 
other  time.  Special  elections  to  fill  vacancies  in  elected  offices  except  as 
otherwise  provided  in  this  Constitution,  shall  be  held  on  the  day  of  the 
regular  election. 

Pending  discussion,  Mr.  Dove  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute. 

It  was  decided  in  the  affirmative. 

The  question  recurring  on  the  adoption  of  section  8  as  amended. 

It  was  decided  in  the  affirmative. 

Section  9  being  taken  up  and  read. 

Mr.  Six  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  15. 

Substitute  in  lieu  of  section  9  the  following: 

"In  case  of  vacancies  and  in  case  of  newly  created  offices,  temporary 
appointments  shall  be  made  in  such  manner  as  is  or  may  be  provided  by  law, 
such  appointees  to  serve  until  successors  shall  be  chosen  by  election." 

And  the  amendment  was  lost. 


1920.]  COMMITTEE   OF   THE   WHOLE.  47 

There  being  no  further  amendments  section  9  was,  on  motion  of 
Mr.  Traeger,  adopted. 

Section  10  being  taken  up  and  read. 

Mr.  Dawes  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  16. 

Amend  section  10  by  adding  after  the  word  "all"  the  following  words 
"regular  final." 

Pending  discussion,  Mr.  Dove  offered  the  following  as  a  substitute 
and  moved  its  adoption : 

Amend  section  10  by  inserting  after  the  word  "all"  the  following  words 
"primary  and  final." 

The  question  being  on  the  adoption  of  the  substitute. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  amendment,  offered 
by  Mr.  Dawes. 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  10,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Morris  moved  that  the  vote  by  which  section  6  was  adopted,  on 
April  21,  be  reconsidered. 

And  the  motion  prevailed. 

Mr.  Morris  thereupon  moved  to  reconsider  the  vote  by  which 
Amendment  ISTo.  9,  to  section  6,  was  adopted. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  Xo.  9,  a 
division  was  had  resulting  as  follows:  Yeas,  47;  nays,  10. 

And  the  amendment  was  again  adopted. 

Mr.  Morris  then  moved  to  reconsider  the  vote  by  which  Amendment 
No.  8  to  section  6,  was  adopted. 

And  the  motion  prevailed. 

The  question  now  being  on  the  adoption  of  Amendment  Xo.  8. 

It  was  decided  in  the  negative. 

Pending  discussion,  Mr.  Todd  moved  that  section  6  as  now  amended 
be  adopted. 

And  the  motion  prevailed. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  17. 

Amend  Proposal  No.  351  by  adding  an  additional  section  thereto  to  be 
known  as  section  11. 

Section  11.  Beginning  in  1922  there  shall  be  imposed  upon  each  citizen 
over  21  years  of  age  a  tax  of  five  dollars  to  be  levied  and  collected  by  the 
proper  authorities  in  addition  to  and  in  the  same  manner  as  other  taxes, 
which  sum  shall  be  remitted  if  such  citizen  shall  file  with  the  officer  whose 
duty  it  is  to  extend  the  taxes  an  affidavit  shbwing  that  such  citizen  voted  at 
the  regular  final  election  during  the  year  for  which  the  taxes  are  levied  or 
was  disqualified  as  an  elector  for  some  reason  other  .than  failure  to  register 
as  a  voter  or  was  prevented  from  so  voting  by  illness  or  absence  from  home. 
Falsety  of  such  affidavit  shall  be  punished  as  perjury,  the  money  so  collected 
shall  be  for  the  benefit  of  the  school  fund  of  the  school  district  within  which 
such  taxpayer  shall  reside. 


48  JOURNAL  OF  THE  [May  13, 

Mr.  Hamill  raised  the  point  of  order  that  the  amendment  was  out 
of  order  for  the  reason  that  the  subject  matter  was  not  germain  to  the 
question  now  before  the  committee. 

The  Chair  ruled  the  point  of  order  well  taken. 

Whereupon  Mr.  Gale  appealed  from  the  decision  of  the  Chair. 

And  the  question  being,  "Shall  the  decision  of  the  Chair  stand  as 
the  decision  of  the  Committee  ?"  a  division,  was  had  resulting  as  follows : 
Yeas,  32 ;  nays,  32. 

Pending  discussion  the  Chair  reversed  its  ruling  and  permitted  the 
consideration  of  the  amendment'. 

Pending  discussion  Mr.  Davis  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  amendment,  offered 
by  Mr.  Gale,  a  division  was  had  resulting  as  follows :  Yeas,  16 ;  nays,  42. 

And  the  amendment  was  lost. 

Mr.  Michal  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  18. 

Amend  Proposal  No.  351  by  adding  a  new  section  thereto  as  follows: 
"The  General  Assembly  shall  pass  no  law  for  a  direct  primary  election, 
except  for  the  selection  of  delegates  to  nominating  conventions." 

The  question  being  on  the  adoption  of  the  amendment  a  division 
was  had  resulting  as  follows :     Yeas,  23 ;  nays,  34. 
And  the  amendment  was  lost. 
Mr.  Dove  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  19. 

Amend  Proposal  No.  351  by  adding  an  additional  section  thereto  as 
follows:  Every  qualified  elector  shall  register  and  vote  at  every  general 
election  and  no  person  shall  be  elected  or  appointed  to  any  office  in  this 
State  civil  or  military,  who  has  been  guilty  of  willful  and  deliberate  failure 
to  vote  within  two  years  next  proceeding  such  election  or  appointment.  The 
General  Assembly  shall  pass  appropriate  laws,  making  this  section  effective 
and  may  provide  additional  punishments  for  wilful  and  deliberate  failure  to 
vote. 

Mr.  Kerrick  offered  the  following  as  a  substitute,  and  moved  its 
adoption : 

"The  General  Assembly  may  pass  laws  conducive  to  the  full  exercise  or 
the  right  of  suffrage  by  all  persons  possessing  such  right." 

Pending  discussion,  Mr.  Davis  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

The  question  then  being  on  the  adoption  of  the  substitute. 

It  was  decided  in  the  affirmative. 

Mr.  Dunlap  moved  that  the  amended  section  be  designated  as  sec 
tion  11  and  as  such  that  it  be  now  adopted. 

And.  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  35 ;  nays,  21. 

And  section  11,  as  amended,  was  adopted. 


1920.]  COMMITTEE   OF   THE   WHOLE.  49 

There  being  no  further  amendments.  Mr.  Dunlap  moved  that  the 
entire  report  of  the  Committee  on  Suffrage,  as  amended,  be  now  adopted. 

And  the  motion  prevailed. 

At  the  hour  of  1 :30  o'clock  p.  m.,  Mr.  Davis  moved  that  the  Com- 
mittee do  now  rise  and  report. 
.    And  the  motion  prevailed. 


c  w 


50  JOURNAL  OF  THE  [May 


TUESDAY,  MAY  18,  1920. 

At  the  hour  of  10  :10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the  Majority  and 
Minority  Eeports  of  the  Committee  on  County  and  Township  Govern- 
ment, being  Proposals  numbered  362  and  363,  respectively. 

Mr.  Smith,  Chairman  of  the  Committee  on  County  and  Township 
Government,  presiding. 

The  Majority  Report  was  taken  up,  read  at  large  and  considered 
section  by  section. 

Section  1  being  taken  up  and  read. 

Mr.  Taft  moved  its  adoption. 

Whereupon  Mr.  Dtipuy  moved  as  a  substitute  that  section  14  be  con- 
sidered prior  to  the  other  sections  of  this  report. 

And  the  motion  prevailed. 

Section  14  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Cutting,  adopted. 

The  question  recurring  on  the  adoption  of  section  1,  it  was  decided 
in  the  affirmative. 

Section  2  being  taken  up  and  read. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  1. 

Amend  section  2  by  striking  out  the  first  four  lines  and  substituting  in 
lieu  thereof  the  following: 

Section  2.  No  county  shall  be  divided  nor  any  territory  be  added  to,  or 
taken  from  any  county,  unless  such  question  shall  be  submitted  to  a  vote 
of  the  people  of  each  county  affected  and  a  majority  of  the  electors  of  each 
county  affected  voting  on  the  question  shall  vote  for  the  same. 

And  the  amendment  was  adopted. 

Pending  discussion,  Mr.  Hamill  moved  to  reconsider  the  vote  by 
which  Amendment  No.  1,  was  adopted. 

The  question  being  on  the  motion  to  reconsider,  it  was  decided  in 
the  negative. 

There  being  no  further  amendments,  section  2,  as  amended,  was, 
on  motion  of  Mr.  Nichols,  adopted. 

Section  3  being  taken  up  and  read. 

Mr.  Dove  moved  its  adoption. 

Pending  discussion,  Mr.  Cruden,  offered  the  following  amendment 
and  moved  its  adoption : 


1920.]  COMMITTEE   OF   THE    WHOLE.  51 

AMENDMENT  No.  2. 

Amend  section  3  by  adding  the  word  "qualified"  at  the  end  of  line  2 
thereof  and  strike  out  the  clause  beginning  with  word  "and"  and  semi-colon 
in  line  4  and  ending  with  the  word  "election"  in  line  6  thereof. 
And  the  amendment  was  lost. 
Mr.  Wall  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  3. 

Amend  section  3  as  follows:  Strike  out  the  words  three-fourths  in  line 
2  and  insert  in  lieu  thereof  the  words  three-fifths.  Strike  out  the  words 
"voting  on  such  question"  in  line  three  and  insert  in  lieu  thereof  the  words 
"entitled  to  vote  on  such  question." 

Pending  discussion,  by  unanimous  consent,  Mr.  Wall  withdrew 
Amendment  No.  3,  and  offered  in  lieu  thereof  the  following: 

AMENDMENT  No.  4. 

Strike  out  all  of  section  3  and  substitute  in  lieu  thereof  the  following: 
Section  3.  No  county  seat  shall  be  removed  until  the  point  to  which 
it  is  proposed  to  be  removed  shall  be  fixed  in  pursuance  to  law,  and  three- 
fifths  of  the  voters  of  the  county  to  be  ascertained  in  such  manner  as  shall 
be  provided  by  general  law,  shall  have  voted  in  favor  of  its  removal  to 
such  point;  and  no  person  shall  vote  on  such  question  who  has  not  resided 
in  the  county  six  months,  and  in  the  election  precinct  ninety  days  next  pre- 
ceding such  election.  The  question  of  the  removal  of  a  county  seat  shall  not 
be  oftener  submitted  than  once  in  ten  years,  to  a  vote  of  the  people.  But 
when  an  attempt  is  made  to  remove  a  county  seat  to  a  point  nearer  to  the 
center  of  the  county,  then  a  majority  vote  only  shall  be  necessary. 

Pending  further  discussion,  by  unanimous  consent,  Mr.  Wall  with- 
drew Amendment  No.  4,  and  offered  in  lieu  thereof  the  following : 

AMENDMENT  No.  5. 

Amend  section  3  as  follows:  Strike  out  the  words  three-fourths  in  line 
2  and  insert  in  lieu  thereof  the  words  three-fifths. 

And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  section  3  it  was  decided 
in  the  affirmative. 

Section  4  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Dove,  adopted. 

Section  5  being  taken  up  and  read  and  no  amendments  being  offered 
was.,  on  motion  of  Mr.  Dove,  adopted. 

Section  6  and  also  the  Minority  Report  being  taken  up  and  read. 

Mr.  Scanlan  offered  the  following  as  a  substitute  for  the  Minority 
Report  and  moved  its  adoption : 

Section  6.  In  each  county  there  shall  be  elected  the  following  county 
officers,  at  the  general  election  to  be  held  on  the  Tuesday  after  the  first  Mon- 
day in  November,  1922;  a  county  clerk,  who  shall  also  be  clerk  of  the  County 
Court,  a  county  assessor,  who  shall  be  ex-officio  county  treasurer  and  col- 
lector of  taxes,  and  a  sheriff;  and  at  the  general  election  to  be  held  on  the 
Tuesday  after  the  first  Monday  in  November,  1924,  a  coroner,  a  clerk  of  the 
Circuit  Court,  who  shall  be  ex-officio  recorder  of  deeds  in  counties  having 
less  than  60000  inhabitants,  and  a  recorder  of  deeds  in  counties  having 
COOOO  and  more  inhabitants. 


.52  JOURNAL  OF  THE  [May  18, 

Pending  consideration,  Mr.  Jarman  moved  a  division  of  the  sub- 
ject matter  of  the  substitute  amendment. 

And  the  question  being  on  the  motion  to  divide  it  was  decided  in 
the  affirmative. 

The  first  division  or  paragraph  taken  up  for  consideration  being 
that  relating  to  the  office  of  sheriff  which  amended  the  Minority  Report 
by  omitting  the  words  "who  shall  be  ex-officio  coroner"  the  same  was,  on 
motion,  adopted. 

The  second  division  taken  up  for  consideration  being  that  in  rela- 
tion to  coroner  and  which  amended  the  Minority  Report  by  adding  after 
the  figures  "1924"  in  line  7  the  words  "a  coroner"  the  same  was,  on 
motion,  adopted. 

The  third  division  taken  up  for  consideration  being  that  relating 
to  a  clerk  of  the  Circuit  Court  and  amending  the  Minority  Report  by 
adding  in  line  8  after  the  word  "deeds"  the  following  "in  counties  having 
less  than  60,000  inhabitants,  and  a  recorder  of  deeds  in  counties  having 
60,000  and  more  inhabitants'  the  same  was,  on  motion.,  adopted. 

Pending  further  consideration,  at  the  hour  of  6  :20  o'clock  p.  m., 
Mr.  Todd  moved  that  the  Committee  do  now  rise,  report  progress  and 
ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF   THE   WHOLE.  53 


WEDNESDAY,  MAY  19,  1920. 

At  the  hour  of  9  :20  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

•     .  Mr.  Smith,  Chairman  of  the  Committee  on  County  and  Township 
Government,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  May  18,  the  consideration  of  the  Majority  and  Minority  Re- 
ports of  the  Committee  on  County  and  Township  Government,  being 
Proposals  numbered  362  and  363,  respectively,  the  same  were  again 
taken  up. 

And  the  pending  question  being  the  adoption  of  the  substitute  as 
a  whole  following  the  consideration  and  action  of  the  Committee  upon 
a  division  of  the  question. 

The  same  was  taken  up  and  the  question  being  on  its  adoption  as 
a  whole. 

It  was  decided  in  the  affirmative. 

Whereupon,  Mr.  Jarman  moved  that  the  Minority  Eeport,  as 
amended,  be  now  substituted  for  section  6  of  the  Majority  Report. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  6  as  amended. 

Mr.  Gale  offered  the  following  amendment,  and  moved  its  adoption : 

AMENDMENT  No.  6. 

Strike  out  in  line  5  of  section  6  the  words  "county  assessor,  who  shall 
be  ex-offlcio." 

Also  strike  out  the  word  "and"  after  the  word  "treasurer"  in  line  6  and 
substitute  therefor  the  words  "who  shall  be  ex-officio." 

Also  insert  at  the  end  of  said  section  6  the  following  "There  shall  also 
be  a  county  assessor  who  shall  be  selected  as  the  General  Assembly  may 
direct." 

Pending  discussion,  Mr.  Davis  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  6,  a 
division  was  had  resulting  as  follows:  Yeas,  55;  nays,  14. 

And  the  amendment  was  adopted. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  7. 

Amend  section  6  by  adding  after  the  figures  "1922"  the  following:  "and 
every  four  years  thereafter." 

And  by  adding  after  the  figures  "1924"  the  following:  "and  every  four 
years  thereafter." 


54  JOURNAL  OF  THE  [May  19, 

And  the  amendment  was  adopted. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  8. 

Amend  section  6  by  adding  at  the  end  thereof  the  following:  "provided 
that  no  person  having  once  been  elected  to  the  office  of  sheriff  and  treasurer 
shall  be  eligible  to  said  office  for  four  years  after  the  expiration  of  the  term 
for  which  he  shall  have  been  elected." 

Mr.  Cruden  offered  the  -following  as  an  amendment  to  Amendment 
Xo.  8,  and  moved  its  adoption : 

Amend  the  amendment  by  striking  out  the  words  "sheriff  and." 

Pending  discussion,  Mr.  Davis  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  amendment  to  the 
amendment,  a  division  was  had  resulting  as  follows:  Yeas,  49;  nays,  27. 

And  the  amendment  to  the  amendment  was  adopted. 

The  question  recurring  on  the  adoption  of  Amendment  Xo.  8,  as 
amended,  a  division  was  had  resulting  as  follows:  Yeas.  44;  nays,  37. 

And  the  amendment,  as  amended,  was  adopted. 

Mr.  Taff  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  9. 

Amend  section  6  by  striking  out  the  figures  and  words  "60000  inhabit- 
ants and  more"  and  by  inserting  in  lieu  thereof  the  words  "which  have 
heretofore  been  electing  recorders  of  deeds." 

And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  section  G,  as  amended,  it 
was  decided  in  the  affirmative. 

Section  7  being  taken  up  and  read. 

Mr.  Brenholt  offered  the  following  as  a  substitute  for  section  7  and 
moved  its  adoption : 

Section  7.  The  General  Assembly  shall  fix  the  salary  for  all  county 
officers  according  to  the  size  of  counties  by  population;  the  county  board  or 
county  commissioners  shall  designate  the  amount  of  their  necessary  clerk 
hire,  stationery  and  other  expenses. 

The  compensation  herein  provided  for  shall  be  paid  out  of  the  county 
treasury,  and  shall  apply  only  to  officers  elected  after  the  adoption  of  this 
Constitution. 

And  the  substitute  was  lost. 

The  question  then*  being  on  the  adoption  of  section  7,  it  was  decided 
in  the  affirmative. 

Section  8  being  taken  up  and  read. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  10. 

Amend  section  8  by  inserting  in  line  2,  after  the  word  "laws"  the  words 
"uniform  as  to  classes  of  counties." 

The  question  then  being  on  the  adoption  of  Amendment  Xo.  10,  a 
division  was  had  resulting  as  follows:  Yeas,  49;  nays,  1.1. 


1920.]  COMMITTEE   OF   THE   WHOLE.  55 

And  the  amendment  was  adopted. 

Mr.  Moore  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  11. 

Amend  section  8  by  striking  out  the  word  "majority"  in  line  4  and 
inserting  in  lieu  thereof  the  words  "sixty  per  cent." 

And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  section  8,  as  amended,  it 
was  decided  in  the  affirmative. 

Section  12  being  taken  up  and  read. 

Mr.  Sutherland  moved  to  amend  by  striking  out  section  12. 

And  the  motion  prevailed. 

Section  13  being  taken  up  and  read. 

Mr.  Lindly  moved  to  amend  by  striking  out  section  13. 

Pending  discussion,  at  the  hour  of  fi  :25  o'clock  p.  m.,  Mr.  Green 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


56  JOURNAL  OF  THE  [May  20, 


THURSDAY,  MAY  20,  1920. 

At  the  hour  of  9  :35  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Smith,  Chairman  of  the  Committee  on  County  and  Township 
Government,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  May  19,  the  consideration,  of  the  Majority  and  Minority  Ee- 
ports  of  the  Committee  on  County  and  Township  Government,  being 
Proposals  numbered  362  and  363  respectively,  the  same  were  again 
taken  up. 

And  the  pending  question  being  the  consideration  of  the  motion,  of 
Mr.  Lindly,  to  strike  out  section  13.  the  same  was  again  taken  up. 

Pending  consideration,  Mr.  Lindly,  by  unanimous  consent,  withdrew 
his  motion. 

Mr.  Dunlap  offered  the  following  as  a  substitute  for  section  13  and 
moved  its  adoption : 

Section  13.  The  General  Assembly  shall  have  authority  to  provide,  on 
petition,  for  the  improvement  of  roads  and  highways  in  part  by  special 
assessments  levied  upon  the  property  benefited  thereby,  whether  such  im- 
provement is  entirely  within  one  township  or  county  or  extends  into  two  or 
more  townships  or  counties;  Provided  that  such  petition  shall  be  signed  by 
a  majority  of  the  owners  of  land  subject  to  such  assessment,  who  represent 
not  less  than  one-third  in  area  of  said  lands. 

Pending  discussion,  Mr.  Dunlap,  by  unanimous  consent,  withdrew 
his  substitute. 

Whereupon,  Mr.  Scanlan  offered  the  following  as  a  substitute  for 
section  13  and  moved  its  adoption: 

Section  13.  The  General  Assembly  shall  have  "authority  to  enact  laws 
providing  for  the  construction  and  improvement  of  public  roads  and  high- 
ways in  part  by  special  assessments,  to  be  levied  upon  the  property  benefited 
by  such  construction  and  improvement  whether  such  construction  and  im- 
provement lie  within  one  township  or  county  or  two  or  more  townships  or 
counties;  provided  that  such  laws  shall  contain  provisions  that  all  such 
construction  and  improvements  shall  be  initiated  by  a  petition  signed  by  a 
majority  of  the  owners  of  the  lands  to  be  subjected  to  such  special  assess- 
ment, who  shall  be  the  owners  of  not  less  than  one-third  in  area  of  the  said 
lands. 

Pending  discussion,  Mr.  Mighell  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute  offered 
by  Mr.  Scanlan. 

It  was  decided  in  the  affirmative. 

Mr.  Dove  offered  the  following  amendment  to  section  13,  as 
amended,  and  moved  its  adoption : 


1920.]  COMMITTEE   OF    THE    WHOLE.  57 

AMENDMENT  No.  13. 

Amend  section  13,  as  amended,  by  adding  at  the  end  thereof  the  follow- 
ing: "Provided,  that  not  more  than  20  per  cent  of  the  total  cost  of  the 
improvement  shall  be  levied  upon  the  property  benefited." 

Mr.  Kerrick  moved  to  amend  the  amendment  by  striking  out  the 
figures  "20"  and  inserting  in  lieu  thereof  the  figures  "10." 

And  the  amendment  to  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  13,  it 
was  decided  in  the  affirmative. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop- 
tion :  ^ 

AMENDMENT  No.  14. 

Amend  section  13,  as  amended,  by  adding  after  the  word  "lands"  in  line 
10,  the  word  "proposed." 

And  the  amendment  was  adopted. 

Mr.  Carlstrom  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  15. 

Amend  section  13,  as  amended,  by  striking  out  in  line  3  the  words  "on 
part." 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  13,  as  amended, 
a  division  was  had  resulting  as  follows :  Yeas,  38 ;  nays,  20. 

And  section  13,  as  amended,  was  adopted. 

Mr.  Gilbert  moved  to  reconsider  the  vote  by  which  section  12,  was, 
on  yesterday,  stricken  out. 

And  the  motion  prevailed. 

The  question  then  being  on  the  motion  of  Mr.  Sutherland  to  strike 
out  section  12. 

Mr.  Sutherland,  by  unanimous  consent,  withdrew  his  motion. 

Mr.  Sutherland,  thereupon,  moved  that  it  is  the  sense  of  this  Com- 
mittee that  there  should  be  no  constitutional  limit  but  only  a  statutory 
limit  on  the  tax  rate  to  be  levied  by  counties. 

The  Chair  ruled  the  motion  out  of  order. 

Whereupon  Mr.  Jarman  moved  that  section  12,  be  adopted. 

Pending  discussion,  Mr.  Gale  offered  the  following  as  a  substitute 
for  section  12,  and  moved  its  adoption : 

Section  12.  County  authorities  shall  never  assess  taxes  the  aggregate 
of  which  shall  exceed  seventy-five  cents  per  one  hundred  dollars  valuation, 
unless  authorized  by  a  vote  of  the  people  of  the  county;  but  if  the  General 
Assembly  shall  provide  that  the  county  shall  be  the  unit  for  the  levy  and 
collection  of  taxes  for  road  and  bridge  purposes,  then  county  authorities  may 
assess  an  additional  tax  for  the  construction,  improvement  and  maintenance 
of  public  highways  and  bridges,  which  additional  tax  shall  not  exceed 
seventy-five  cents  per  one  hundred  dollars  valuation  unless  authorized  by  a 
vote  of  the  people  of  the  county. 

And  the  substitute  was  adopted. 

The  question  then  being  on  the  adoption  of  section  12,  as  amended, 
it  was  decided  in  the  affirmative. 


58  JOURNAL  OP  THE  [May  20, 

Mr.  Jarman  moved  that  Proposal  'No.  362,  as  amended,  be  adopted 
by  the  Committee  of  the  Whole  and  reported  to  the  Convention  with  the 
recommendation  that  it  do  pass. 

And  the  motion  prevailed. 

At  the  hour  of  3 :30  o'clock  p.  m.,  Mr.  Jarman  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WHOLE.  59 


THURSDAY,  MAY  20,  1920. 

At  the  hour  of  3:35  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the  Majority  and 
Minority  Eeports  of  the  Committee  on  Corporations  and  Cooperative 
Associations,  being  Proposals  numbered  364  and  365,  respectively. 

Mr.  Fyke,  Chairman  of  the  Committee  on  Corporations  and  Co- 
operative Associations,  presiding. 

The  Majority  Report  was  taken  up,  read  at  large  and  considered 
section  by  section,  as  follows : 

Section  1  being  taken  up  and  read. 

Mr.  Dawes  moved  its  adoption. 

Pending  discussion,  Mr.  Dupuy  offered  the  following  amendment, 
and  moved  its  adoption : 

AMENDMENT  No.  1. 

Amend  section  1  of  Proposal  No  364,  by  inserting  in  line  1,  after  the 
words  "except  those"  the  words  "for  charitable,  educational,  penal  or  reform- 
atory purposes." 

Pending  consideration,  Mr.  Carlstrom  offered  the  following  as  a 
substitute  for  the  pending  ^amendment  and  section  1,  and  moved  its 
adoption : 

Section  1.  No  corporation  shall  be  created  by  special  laws,  or  its 
charter  extended,  changed,  or  amended,  except  those  for  charitable,  educa- 
tional, penal  or  reformatory  purposes,  which  are  to  be  and  remain  under 
the  patronage  and  control  of  the  State,  but  the  General  Assembly  shall  pro- 
vide by  general  laws,  for  the  organization  of  all  corporations  hereafter  to  be 
created. 

And  the  substitute  was  adopted. 

The  question  recurring  on  the  adoption  of  section  1,  as  amended,  it 
was  decided  in  the  affirmative. 

Section  2  being  taken  up  and  read. 

Mr.  Mayer  moved  that  section  2  be  stricken  out. 

Pending  discussion  Mr.  Mighell  offered  the  following  as  a  substitute 
for  the  motion  to  strike  out  and  moved  its  adoption : 

Amend  line  2,  section  2  by  inserting  after  the  word  "companies"  the 
words  "other  than  cooperative  societies,"  and  after  the  word  "stockholders" 
the  words  -"whose  stock  by  charter  or  contract  has  at  the  time  unrestricted 
voting  power." 

Pending  discussion  Mr.  Jarman  moved  that  the  Committee  do  now 
rise,  report  progress  and  ask  leave  to  sit  again. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  7 ;  nays,  20. 

And  the  Committee  refused  to  rise. 


60  JOUENAL  OP  THE  [May  20, 

Pending  further  discussion,  at  the  hour  of  6 :25  o'clock  p.  m.,  Mr. 
Shanahan  moved  that  the  Committee  do  now  rise,  report  progress  and 
ask  leave  to  sit  again. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  24;  nays,  21. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE    WHOLE.  61 


TUESDAY,  MAY  25,  1920. 

At  the  hour  of  10:10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Fyke,  Chairman  of  the  Committee  on  Corporation  and  Co- 
operative Associations,  presiding. 

The  Committee  of  the  Whole  having,  heretofore  had  under  discus- 
sion, on  May  20,  the  consideration  of  the  Majority  and  Minority  Re- 
ports of  the  Committee  on  Corporations  and  Cooperative  Associations, 
being  Proposals  numbered  364  and  365-  respectively,  the  same  were 
again  taken  up. 

And  the  pending  question  being  the  adoption  of  the  substitute 
offered  by  Mr.  Mighell. 

Pending  discussion,  Mr.  Rinaker  suggested  the  following  amend- 
ment in  lieu  of  the  pending  substitute  which  was  accepted  by  Mr. 
Mighell : 

Amend  section  2  by  adding  at  the  end  thereof  the  following:  "But 
provision  may  be  made  by  law  for  the  issuance  of  classes  of  stock  with 
restricted,  or  without  any,  voting  power  and  every  certificate  of  stock  shall 
show  on  its  face  its  voting  or  non-voting  character." 

And  the  question  being  on  the  adoption  of  the  substitute,  as  above 
suggested,  a  division  was  had,  resulting  as  follows :  Yeas,  46 ;  nays,  14. 

And  the  substitute  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended. 

Mr.  Dunlap  offered  the  following  amendment  to  section  2  and 
moved  its  adoption : 

AMENDMENT  No.  2. 

Provided  that  this  section  shall  not  apply  to  cooperative  organizations 
or  societies  formed  or  organized  for  agricultural  or  horticultural  purposes, 
and  the  voting  rights  of  shareholders  and  stockholders  in  such  societies  or 
organizations  shall  be  governed  by  general  law. 

Pending  discussion,  by  unanimous  consent,  Mr.  Dunlap  withdrew 
the  words  "former '  or  organized  for  agricultural  or  horticultural  pur- 
poses" from  said  amendment. 

Pending  further  discussion,  Mr.  Dunlap  asked  unanimous  consent 
to  withdraw  the  entire  amendment. 

The  request  being  objected  to  by  Mr.  Carlstrom,  the  question  of 
the  adoption  of  the  amendment  was  put  and  decided  in  the  negative. 

Whereupon  Mr.  Green  moved  that  section  2,  as  amended,  be  adopted. 

And  the  motion  prevailed. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 


62  JOURNAL  OF  THE  [May  25, 

AMENDMENT  No.  3. 

Amend  Proposal  No.  364,  by  inserting  between  section  2  and  section  3 
an  additional  section,  to  be  known  and  numbered  as  section  3,  the  same  being 
section  4  of  the  present  Constitution,  and  reading  as  follows: 

Section  4.  No  law  shall  be  passed  by  the  General  Assembly  granting  the 
right  to  construct  and  operate  a  street  railroad  within  any  city,  town  or 
incorporated  village,  without  requiring  the  consent  of  the  local  authorities 
having  the  control  of  the  street  or  highway  proposed  to  be  occupied  by  such 
street  railroad. 

And  further  amend  Proposal  No.  364,  by  renumbering  the  succeeding 
sections  to  conform  thereto. 

Mr.  Hamill  raised  the  point  of  order  that  the  amendment  was  not 
germain  to  the  subject  matter  under  discussion. 

And  the  point  of  order  was  sustained  by  the  Chair. 

Section  3  being  taken  up  and  read. 

Mr.  Mighell  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  4. 

Amend  section  3  by  striking  out  all  of  lines  4  to  9  inclusive  except  the 
word  "created"  in  said  line  4. 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows :  Yeas,  33 ;  nays,  12. 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  3,  as  amended  was,  on 
motion  of  Mr.  Mighell,  adopted. 

Section  4  being  taken  up  and  read. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  5. 

Amend  section  4  by  striking  out  lines  6,  7,  8,  9  and  10. 
The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:     Yeas,  22:  nays,  23. 
And  the  amendment  was  lost. 

Mr.  Einaker  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  6. 

Amend  section  4  by  adding  at  the  end  thereof,  the  following  words 
"within  ten  days  after  such  transfer." 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  4  was,  on  motion  of 
Mr.  Gilbert,  adopted. 

Section  5  being  taken  up  and  read. 

Mr.  Michaelson  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  7. 

Amend  section  5  by  striking  out.  the  words  in  lines  2,  3,  4  as  follows: 
"shall  not  be  discriminatory,  nor  confiscatory,  but  must  and  both  to  the 
general  public  and  to  such  corporation." 


1920.]  COMMITTEE   OF    THE    WHOLE,  63 

Pending  discussion,  Mr.  Carlstrom  offered  the  following  as  a  sub- 
stitute and  moved  its  adoption: 

Amend  section  5  by  striking  out  the  following  words  at  the  end  of 
paragraph  "both  to  the  general  public  and  to  such  corporation"  and  also  by 
striking  out  in  lines  2  and  3  thereof  the  words  "nor  conflscatory." 

The  question  being  on  the  adoption  of  the  substitute,  a  division  was 
had  resulting  as  follows:  Yeas.  26;  nays,  29. 

And  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  7,  a 
division  was  had  resulting  as  follows:  Yeas,  12;  nays,  31. 

And  the  amendment  was  lost. 

Pending  discussion,  Mr.  Mighell  moved  to  strike  out  section  5. 

And  the  motion  .prevailed. 

Section  6  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Carlstrom,  adopted. 

Section  7  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Carlstrom,  adopted. 

Section  8  being  taken  up  and  read. 

Mr.  Carlstrom  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  8. 

Amend  section  8  of  the  Majority  Report  by  substituting  section  1  of  the 
separate  sections  of  the  Constitution  of  1870,  to-wit: 

No  contract,  obligation  or  liability  whatever,  of  the  Illinois  Central 
Railroad  Company,  to  pay  any  money  into  the  State  Treasury,  nor  any  lien 
of  the  State  upon,  or  right  to  tax  property  of  said  company,  in  accordance 
with  the  provisions  of  the  charter  of  said  company,  approved  February 
tenth,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-one,  shall 
ever  be  released,  suspended,  modified,  altered,  remitted,  or  in  any  manner 
diminished  or  impaired  by  legislative  or  other  authority;  and  all  moneys 
derived  from  said  company,  after  the  payment  of  the  State  debt,  shall  be 
appropriated  and  set  apart  for  the  payment  of  the  ordinary  expenses  of  the 
State  Government,  and  for  no  other  purpose  whatever. 

Pending  discussion,  Mr.  Morris  offered  the  following  as  a  substi- 
tute and  moved  its  adoption : 

Amend  the  Majority  Report  by  adding  after  the  words  "other  authority" 
in  line  6  of  section  8  the  following:  "said  money  when  collected  shall  be 
distributed  as  follows:  one-half  shall  be  appropriated,  set  apart  and  be  given 
to  the  various  counties  through  which  the  said  main  line  of  said  railroad 
runs,  such  division  to  be  made  between  said  counties  in  proportion  to  the 
trackage  of  said  railroad  in  such  counties  and  the  population  of  such  counties 
and  the  remaining  one-half  shall  be  set  apart  for  the  payment  of  ordinary 
expenses  of  the  State  government  and  for  no  other  purpose." 

And  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  the  amendment  offered 
by  Mr.  Carlstrom,  a  division  was  had  resulting  as  follows :  Yeas,  41 ; 
nays,  21. 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  8,  as  amended,  was,  on 
motion  of  Mr.  Lindly,  adopted. 

Mr.  Michal  offered  the  following  amendment  and  moved  its  adop- 
tion : 


64  JOUENAL  OF  THE  [May  25, 

AMENDMENT  No.  9. 

Amend  Proposal  No.  364,  by  adding  a  new  section  thereto  to  be  known 
as  section  9,  as  follows: 

Section  9.  No  person,  firm,  corporation,  or  joint  stock  company  or 
association  whatsoever  shall  maintain,  carry  on,  conduct,  or  operate  the 
business  of  a  bank  of  deposit  or  foreign  exchange  in  connection  with  the 
sale  of  steamship  passage  or  otherwise,  nor  use,  employ  or  display  in'  any 
manner  whatsoever,  the  term  "bank,"  "banker,"  "savings  depository"  or 
any  other  word  or  phrase  of  similar  import  in  any  language,  except  as  a 
corporation  organized  under  the  general  banking  laws. 

And  the  amendment  was  lost. 

Mr.  Green  moved  to  reconsider  the  vote  by  which  section  4  was 
heretofore  adopted. 

And  the  motion  prevailed. 

Mr.  Green  thereupon  moved  that  the  vote  by  which  Amendment  No. 
5,  to  section  4  was  lost  be  reconsidered. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  5,  to 
section  4  it  was  decided  in  the  affirmative. 

There  being  no  further  amendments  section  4,  as  amended,  was,  on 
motion  of  Mr.  Hamill,  adopted. 

Mr.  Stahl  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  10. 

Amend  Proposal  No.  364,  by  adding  a  new  section  thereto  to  be  known  as 
section  9,  as  follows: 

Section  9.  The  General  Assembly  shall  pass  laws  to  correct  abuses  and 
prevent  unjust  discrimination  and  extortion  in  the  rates  charged  consumers 
by  public  service  corporations  in  this  State,  and  enforce  such  laws,  by  ade- 
quate penalties,  to  the  extent,  if  necessary  for  that  purpose,  of  forfeiture  of 
their  property  and  franchises. 

Pending  discussion,  at  the  hour  of  6  :40  o'clock  p.  m.,  Mr.  Hamill 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE    WHOLE.  (>.r> 


WEDNESDAY,  MAY  26,  1920. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Fyke,  Chairman  of  the  Committee  on  Corporations  and  Co- 
operative Associations,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion on  May  25,  the  consideration  of  the  Majority  and  Minority 
Eeports  of  the  Committee  on  Corporations  and  Cooperative  Associations, 
being  Proposals  numbered  364  and  365  respectively,  the  same  were  again 
taken  up. 

And  the  pending  question  being  the  adoption  of  Amendment  No. 
10,  offered  by  Mr.  Stahl. 

It  was  decided  in  the  negative. 

Mr.  Elting  moved  to  amend  by  adding  section  2  of  the  Minority 
Report  as  an  additional  section  of  the  Majority  Report,  to-wit : 

AMENDMENT  No.  11. 

No  corporation  shall  issue  any  stock  or  bonds,  except  for  money,  labor 
or  property,  actually  received,  and  applied  to  the  purpose  for  which  such 
corporation  was  created;  and  all  stock  dividends  and  other  fictitious  in- 
crease of  capital  stock  or  indebtedness  of  any  such  corporation  shall  ba 
void.  The  capital  stock  of  any  corporation  shall  not  be  increased  for  any 
purpose,  except  upon  giving  sixty  days'  public  notice  in  such  manner  as  may 
be  provided  by  law. 

Pending  discussion,  Mr.  Gilbert  suggested  the  following  in  lieu  of 
the  wording  of  said  amendment,  which  suggestion  and  wording  was 
accepted  by  Mr.  Elting,  to-wit: 

No  corporation  shall  issue  any  shares  of  capital  stock,  bonds,  or  other 
evidence  of  indebtedness,  except  for  money,  labor  or  property,  actually 
received,  and  applied  to  the  purposes  for  which  such  corporation  was  or- 
ganized. 

The  question  then  being  on  the  adoption  of  Amendment  No.  11,  as 
above  suggested,  it  was  decided  in  the  negative. 

Mr.  Elting  moved  to  amend  by  adding  section  4  of  the  Minority 
Report  as  an  additional  section  of  the  Majority  Eeport,  to-wit : 

AMENDMENT  No.  12. 

No  law  shall  be  passed  by  the  General  Assembly,  granting  the  right  to 
construct  and  operate  a  street  railroad  wichin  any  city,  town  or  incorporated, 
village,  without  requiring  the  consent  of  the  local  authorities  having  the 
control  of  the  street  or  highway  proposed  to  be  occupied  by  such  street  rail- 
road. 


C  W 


6*6  JOUENAL  or  THE  [May  26, 

Pending  discussion,.  Mr.  Hull  suggested  the  following  in  lieu  of  the 
wording  of  said  amendment,  which  suggestion  and  wording  was  accepted 
by  Mr.  Elting,  to-wit: 

No  law  shall  be  passed  by  the  General  Assembly  granting  the  right  to 
construct  or  operate  any  public  utility  within  any  city,  village,  or  incorpo- 
rated town  requiring  the  occupation  or  use  of  streets,  alleys,  or  public  ways 
by  permanent  fixtures  or  equipment  without  requiring  the  consent  of  the 
corporate  authorities. 

Mr.  Miller  moved  that  the  Committee  of  the  Whole  recommend  to 
the  Convention  that  further  consideration  of  section  4  of  the  Minority 
Report,  together  with  the  suggested  amendment  of  Mr.  Hull,  be  post- 
poned. 

And  the  motion  prevailed. 

Mr.  Elting  moved  to  amend  by  adding  section  7  of  the  Minority 
Report  as  an  additional  section  of  the  Majority  Report,  to-wit : 

AMENDMENT  No.  13. 

Every  banking  association  now,  or  which  may  hereafter  be,  organized 
under  the  laws  of  this  State.,  and  every  person,  partnership  or  firm  engaged 
in  the  banking  business,  shall  at  all  times  be  subject  to  examination  and 
control  by  the  State  authorities,  and  shall  make  and  publish  a  full  and 
accurate  quarterly  statement  of  its  affairs  which  shall  be  certified  to  under 
oath  by  one  or  more  of  its  officers  as  may  be  provided  by  law. 

Pending  discussion,  Mr.  Cutting  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  13,  it 
was  decided  in  the  negative. 

Mr.  Elting  moved  to  amend  by  adding  sections  9  of  the  Minority 
Report  as  an  additional  section  of  the  Majority  Report,  to-wit: 

AMENDMENT  No.  14. 

Every  railroad  corporation  organized  or  doing  business  in  this  State, 
under  the  laws  or  authority  thereof,  shall  have  and  maintain  a  public  office 
or  place  in  this  State  for  the  transaction  of  it?,  business,  where  transfers 
of  stock  shall  be  made  and  in  which  shall  be  kept,  for  public  inspection,  books 
in  which  shall  be  recorded  the  amount  of  capital  stock  subscribed,  and  by 
whom;  the  names  of  the  owners  of  its  stock  and  the  amounts  owned  by  them 
respectively  the  amount  of  stock  paid  in  and  by  whom;  the  transfers  of 
said;  the  amount  of  its  assets  and  liabilities,  and  the  names  and  place  or 
residence  of  its  officers.  The  directors  of  every  railroad  corporation  shall, 
annually,  make  a  report,  under  oath,  to  the  Auditor  of  Public  Accounts,  or 
some  officer  to  be  designated  by  law,  of  all  their  acts  and  doings,  which 
report  shall  include  such  matters  relating  to  railroads  as  may  be  prescribed 
by  law.  And  the  General  Assembly  shall  pass  laws  enforcing  by  suitable 
penalties  the  provisions  of  this  section. 

And  the  amendment  was  lost. 

•  Mr.  Elting  moved  to  amend  by  adding  section  11  of  the  Minority^ 
Report  as  an  additional  section  of  the  Majority  Report,  to-wit : 

AMENDMENT  No.  15.  •» 

No  railroad  corporation  shall  consolidate  its  ^tock,  property  or  franchises 
with  any  other  railroad  corporation  owning  a  parallel  or  competing  line; 


1920.]  COMMITTEE    OF    THE    WHOLE.  07 

and  in  no  case  shall  any  consolidation  take  place  except  upon  public  notice 
given,  of  at  least  sixty  days,  to  all  stockholders,  in  such  manner  as  may  be 
provided  by  law.  A  majority  of  the  directors  of  any  railroad  corporation, 
now  incorporated  or  hereafter  to  be  incorporated  by  the  laws  of  this  State, 
shall  be  citizens  and  residents  of  this  State. 

Pending  discussion  Mr.  Whitman  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  15,  a 
division  was  had  resulting  as  follows:  Yeas,  23;  nays,  34. 

And  the  amendment  was  lost. 

Mr.  Elting  moved  to  amend  by  adding  section  12  of  the  Minority 
Report  as  an  additional  section  of  the  Majority  Report,  to-wit: 

AMENDMENT  No.  16. 

Railways  heretofore  constructed  or  that  may  hereafter  be  constructed 
in  this  State,  are  hereby  declared  public  highways,  and  shall  be  free  to 
all  persons,  and  property  thereon,  under  such  regulations  as  may  be  pre- 
scribed by  law.  And  the  General  Assembly  shall  from  time  to  time,  pass 
laws  establishing  reasonable  maxium  rates  of  charges  for  the  transporta- 
tion of  passenger  and  freight  on  the  different  railroads  in  the  State. 

And  the  amendment  was  adopted, 

The  question  then  being  on  the  adoption  of  section  9,  it  was  decided 
in  the  affirmative. 

Mr.  Elting  moved  to  amend  by  adding  section  14  of  the  Minority 
Report  as  an  additional  section  of  the  Majority  Report,  to-wit : 

AMENDMENT   No.    17. 

The  exercise  of  the  power,  and  the  right  of  eminent  domain  shall 
never  be  so  construed  or  abridged  as  to  prevent  the  taking,  by  the 
General  Assembly,  of  the  property  and  franchises  of  incorporated  companies 
already  organized,  and  subjecting  them  to  the  public  necessity  the  same 
as  of  individuals.  The  right  of  trail  by  jury  shall  be  held  inviolate  in 
all  trails  of  claims  for  compensation,  when  in  the  exercise  of  the  said 
right  of  eminent  domain,  any  incorporated  company  shall  be  interested 
either  for  or  against  the  exercise  of  said  right. 

Mr.  Sutherland  moved  that  further  consideration  of  Amendment 
Xo.  17,  be  postponed. 

Mr.  Hamill  raised  the  point  of  order  that  a  motion  to  postpone  was 
not  in  order  in  the  Committee  of  the  Whole. 

The  point  of  order  being  sustained,  Mr.  Miller  then  moved  that 
the  Committee  of  the  Whole  recommend  to  the  Convention  that  further 
consideration  of  section  14  of  the  Minority  Report  be  referred  to  the 
Committee  on  Bill  of  Rights. 

And  the  motion  prevailed. 

Mr.  Stahl  offered  the  following  amendment  as  an  additional  section 
to  be  known  as  section  10,  of  the  Majority  Report,  to-wit : 

AMENDMENT  No.  18. 

Section  10.  The  General  Assembly  shall  pass  laws  to  correct  abuses 
and  prevent  unjust  discrimination  and  extortions  in  the  rates  and  tariffs 
charged  for  services  in  this  State  by  the  different  railroad  common  carriers 


68  JOURNAL  OF  THE  [May  26, 

and  public  service  corporations  and  enforce  such  laws  by  adequate  penal- 
ties, to  the  extent,  if  necessary  for  that  purpose,  of  forfeitures  o:?  their 
property  and  franchises. 

Mr.  Miller  moved,  as  a  substitute,  that  section  15,  of  Article  11  of 
the  Constitution  of  1870  be  added  as  an  additional  section,  to  be  known 
as  section  10,  of  the  Majority  Beport,  to-wit: 

The  General  Assembly  shall  pass  laws  to  correct  abuse's  and  prevent 
unjust  discrimination  and  extortion  in  the  rates  of  freight  and  passenger 
tariffs  on  the  different  railroads  in  this  State,  and  enforce  such  laws,  by 
adequate  penalties,  to  the  extent,  if  necessary,  for  that  purpose,  for  for- 
feiture of  their  property  and  franchises. 

Mr.  Rinaker  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption : 

Amend  by  adding  to  the  substitute  section  as  offered  the  following 
words:  "and  may  delegate  such  power  in  whole  or  in  part  as  to  local 
public  utilities,  to  municipalities." 

Mr.  Hamill  raised  the  point  of  order  that  the  amendment  was  not  in 
order. 

And  the  point  of  order  was  sustained. 

The  question  then  being  on  the  adoption  of  the  substitute  offered  by 
Mr.  Miller,  it  was  decided  in  the  affirmative. 

Mr.  Dove  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  19. 

Amend  the  Majority  Report  by  adding  a  new  section  to  be  appropri- 
ately numbered  and  to  follow  section  four  as  follows,  viz:  "No  natural 
person  or  natural  persons,  partnership  or  firm  shall  ever  be  permitted  to 
engage  in  the  banking  business  in  this  State  or  be  permitted  to  use  the 
word  "Bank"  or  "Banker"  in  connection  with  said  business. 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows :  Yeas,  26 ;  nays,  38. 

And  the  amendment  was  lost. 

Mr.  Taff  moved  that  Proposal  No.  364,  as  amended,  be  adopted  by 
die  Committee  of  the  Whole  and  reported  to  the  Convention  with  the 
recommendation  that  it  do  pass. 

And  the  motion  prevailed. 

At  the  hour  of  12:35  o'clock  p.  in.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF   TITE    WHOLE.  69 


WEDNESDAY,  MAY  26,  1920. 

At  the  hour  of  4:03  o'clock  p.  m.,  the  Convention  wont  into  Com- 
mittee of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding.  < 

The  first  Proposal  on  the  General  Orders  for  consideration  being 
the  report  of  the  Committee  on  Miscellaneous  Subjects,  Mr.  O'Brien 
stated  that  a  further  report  of  that  Committee  would  soon  be  ready  and 
moved  that  the  consideration  of  the  report  from  the  Committee  on  Mis- 
cellaneous Subjects  now  pending  on  the  General  Orders  be  postponed 
until  a  later  date. 

And  the  motion  prevailed. 

Whereupon  the  report  of  the  Committee  on  Legislative  Department, 
being  the  next  in  order  and  being  Proposal  No.  366,  the  same  was  taken 
up,  read  at  large  and  considered  section  by  section  as  follows : 

Section  1  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Section  2  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Traeger,  adopted. 

Section  3  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Section  4  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Section  5  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Section  9  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Paddock,  adopted. 

Section  10  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Latchford,  adopted. 

Section  11  being  taken  up  and  read  and  no  amendments  being- 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Section  12  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Section  13  being  taken  up  and  read. 

Mr.  Carlstrom  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  1. 

Amend  section  13  by  strinking  out  in  line  1,  the  words  "by  title"  and  in 
lines  2  and  3  the  words  "but  the  rules  of  either  house  may  provide  for  the 
reading  of  bills  at  greater  length  on  second  or  third  reading." 
And  the  amendment  was  lost. 


70  JOURNAL  OF  THE  [May  26, 

The  question  recurring  on  the  adoption  of  section  13.  it  was  decided 
in  the  affirmative. 

Section  14  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Eosenburg,  adopted. 

Section  15  being  taken  up  and  read  and  no  amendments  being- 
offered  was,  on  motion  of  Mr.  Hollenbeck,  adopted. 

Section  16  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Einaker,  adopted. 

Section  17  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Eevelle.  adopted. 

Section  18  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Treager,  adopted. 

Section  19  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Treager.  adopted. 

Section  20  being  taken  up  and  read  and  no  amendments  being- 
offered  was,  on  motion  of  Mr.  Treager,  adopted. 

Section  21,  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Treager,  adopted. 

Section  22  being  taken  up  and  read. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.   2. 

Amend  section  22  by  adding  after  the  word  "fish"  in  line  24,  the  follow- 
ing: "But  reasonable  classification  of  waters  maybe  made." 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  22,  as  amended,  was, 
on  motion  of  Mr.  Gilbert,  adopted. 

Section  23  being  taken  up  and  read  arid  no  amendments  being 
offered  was,  on  motion  of  Mr.  Morris,  adopted. 

Mr.  Michal  moved  to  amend  by  inserting  the  following  to  be  known 
as  section  23%: 

AMENDMENT  No.  3. 

That  whenever  either,  or  both,  branches  of  the  General  Assembly  shall 
pursuant  to  a  resolution,  jointly  or  otherwise,  designate  or  appoint  any 
committee  constituted  of  members  of  the  General  Assembly  to  act  either 
jointly  or  otherwise,  for  the  purpose  of  holding  hearings  and  invest'gations 
or  conducting  other  legislative  business  pertinent  to  public  matters  and 
affairs,  the  rigths,  duties,  powers  and  functions  of  such  committee  shall 
not  cease,  end,  and  determine  with  and  upon  the  sine  die  adjournment  of 
the  General  Assembly  so  appointing  or  designating  such  committee,  but  shall 
continue  in  force,  effect  and  operation  until  the  work  and  object  of  such 
committee  shall  be  completed,  provided,  however,  that  the  life  and  existence 
of  such  committee  shall  not  extend  into  and  beyond  the  next  following  bi- 
ennial session  of  the  General  Assembly. 

The  General  Assembly  shall  have  the  right,  power,  and  authority  to 
make  all  necessary  appropriations  for  such  committee. 

Mr.  Hamill  moved  that  the  Committee  of  the  Whole  recommend 
to  the  Convention  that  further  consideration  of  section  231/2  be  post- 
poned and  that  it  be  referred  to  the  Committee  on  Legislative  Depart- 
ment. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE    WHOLE.  71 

Section  24  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Paddock,  adopted. 

Section  25  being  taken  up  and  read  and  no  amendments  being- 
offered  was,  on  motion  of  Mr.  Lindly,  adopted. 

Section  27  being  taken  up  and  read. 

Mr.  Michal  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4. 

Amend  section  27  by  adding  after  the  word  "lottery"  in  line  3,  the 
following  "or  trading  stamps,  trade  premiums." 

Pending  discussion,  Mr.  Miller  moved  that  the  Committee  of  the 
Whole  recommend  to  the  Convention  that  Amendment  No.  4  be  referred 
to  the  Committee  on  Legislative  Department. 

The  question  being  on  the  motion  to  refer,  a  division  was  had  result- 
ing as  follows:  Yeas,  47;  nays,  15. 

And  the  motion  prevailed. 

Pending  discussion,  Mr.  Lindly  moved  that  further  consideration 
of  section  27  be  temporary  passed. 

And  the  motion  prevailed. 

Section  28  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Paddock,  adopted. 

Section  30  being  taken  up  and  read. 

Mr.  Lindly  moved  to  amend  by  striking  out  the  words  "or  under" 
in  line  2. 

Whereupon,  Mr.  Miller  moved  as  a  substitute  that  section  30  be 
stricken  out. 

Pending  consideration  at  the  hour  of  6  :35  o'clock  p.  m.,  Mr.  Hamill 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave 
to  sit  again. 

And  the  motion  prevailed 


72  JOURNAL  or  TITE  [May  27, 


THUBSDAY,  MAY  27,  1920. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  May  2G,  the  consideration  of  Proposal  No.  366,  the  same  was 
again  taken  up. 

And  the  pending  question  heing  the  consideration  of  the  amendment 
offered  by  Mr.  Lindly  and  the  substitute  offered  by  Mr.  Miller. 

By  unanimous  consent,  Mr.  Miller  withdrew  his  substitute  and 
Mr.  Lindly  withdrew  his  amendment. 

Mr.  Lindly  moved  that  the  Committee  of  the  Whole  recommend  to 
the  Convention  that  section  30  be  recommitted  to  the  Committee  OQ 
Legislative  •  Department. 

And  the  motion  prevailed. 

Section  31  being  taken  up  and  read. 

Mr.  Dunlap  moved  that  further  consideration  of  section  31  be 
deferred. 

And  the  motion  prevailed. 

Section  32  being  taken  up  and  read  and  no  amendments  being- 
offered  was,  on  motion  of  Mr.  Dunlap,  adopted. 

Section  33  being  taken  up  and  read. 

Mr.  Morris  moved  that  further  consideration  of  section  33  be  de- 
ferred. 

And  the  motion  prevailed. 

Mr.  Sutherland  moved  that  the  vote  by  which  section  18  was 
adopted  be  reconsidered. 

Pending  discussion,  Mr.  Sutherland,  by  unanimous  consent,  with- 
drew his  motion. 

Mr.  Hamill  moved  that  the  vote  by  which  section  25  was  adopted 
be  reconsidered. 

Pending  discussion,  Mr.  Hamill,  by  unanimous  consent,  withdrew 
his  motion. 

Whereupon  Mr.  Miller  then  moved  that  the  vote  by  which  section 
25  was  adopted  be  reconsidered. 

And  the  motion  was  lost. 

At  the  hour  of  11 :35  o'clock  a.  m.,  Mr.  Lindly  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE    WHOLE. 


TUESDAY,  JUNE  1,  1920. 

At  the  hour  of  10  :10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  May  27,  the  consideration  of  Proposal  No.  366,  the  same 
was  again  taken  up. 

Whereupon  Mr.  Mighell  moved  that  the  Committee  of  the  Whole 
recommend  to  the  Convention  that  section  33  be  recommitted  to  the 
Committee  on  Legislative  Department  with  the  suggestion  that  it  is 
the  sense  of  the  Committee  of  the  Whole  that  the  new  Constitution 
should  not  recognize  the  inadequate  and  unscientific  pension  systems 
that  now  exist  in  this  State  nor  should  it  contain  any  provisions  granting 
contractual  rights  to  public  officers  or  employees  in  any  part  of  a  pension 
fund,  unless  such  fund  is  both  adequate  at  all  times  to  meet  the  promises 
made  such  officers  or  employees,  and  also  effectively  protected  from 
diversion,  by  its  custodians,  from  the  purpose  for  which  it  was  originally 
intended. 

The  question  being  on  the  adoption  of  the  motion  offered  by  Mr. 
Mighell  a  division  was  had  resulting  as  follows:  Yeas,  7;  nays,  51. 

And  the  motion  was  lost. 

The  question  then  being  on  the  adoption  of  section  33,  a  division 
was  had  resulting  as  follows:  Yeas,  34;  nays,  34. 

A  majority  having  failed  to 'vote  for  the  adoption  of  section  33,  it 
was  declared  lost. 

At  the  hour  of  7 :00  o'clock  p.  m.,  Mr.  Einaker  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


74  JOURNAL  OF  THE  [June 


WEDNESDAY,  JUNE  2,  1920. 

At  the  hour  of  9  :20  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the  two  reports  from 
the  Committee  on  Executive  Department  heing  Proposals  numbered  369 
and  370  respectively. 

Mr.  Trautmann,  Chairman  of  the  Committee  on  Executive  Depart- 
ment, presiding. 

Proposal  No.  369  was  taken  up  and  read  at  large  and  considered 
section  by  section  as  follows : 

Section  1  being  taken  up  and  read. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption  : 

AMENDMENT  No.  1. 

Amend  section  1  of  Proposal  No.  369  by  adding  thereto  the  following: 
"The  General  Assembly  may  by  law  provide  that  the  Secretary  of  State, 
Attorney  General,  Treasurer  and  Superintendent  of  Public  Instruction,  or 
any  one  or  more  of  these  State  officers,  be  appointed  by  the  Governor,  a 
majority  of  the  Senators  elected  concurred  therein  by  yea  and  nay  vote. 

Mr.  Hamill  offered  the  following  amendment  to  Amendment  No.  1, 
and  moved  its  adoption : 

After  the  word  "that"  in  line  1  insert  "after  the  expiration  of  the 
respective  terms  of  those  then  in  office." 

Pending  discussion,  Mr.  Treager  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vqte. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  amendment  io 
Amendment  No.  1,  offered  by  Mr.  Hamill. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  Amendment  No.  1. 
offered  by  Mr.  Hull. 

It  was  decided  in  the  negative. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  2. 

Amend  section  1  by  adding  thereto  a  new  paragraph  as  follows:  "The 
General  Assembly  may  by  law  provide  that  the  Superintendent  of  Public 
Instruction  be  appointed  by  the  Governor.  A  majority  of  the  Senators  elected 
concurring  therein  by  yea  and  nay  vote. 

The  question  being  on  the  adoption  of  Amendment  No.  2  a  division 
was  had  resulting  as  follows :  Yeas,  18 ;  nays,  43. 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion: 


1920.]  COMMITTEE   OF   THE    WHOLE.  75 

AMENDMENT  No.  3. 

Amend  section  1  by  adding  a  new  paragraph  thereto  as  follows:  "The 
General  Assembly  may  by  law  provide  that  the  Secretary  of  State  be 
appointed  by  the  Governor,  a  majority  of  the  Senators  elected  concurring 
therein  by  yea  and  nay  vote. 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4. 

Amend  section  1  by  adding  a  new  paragraph  thereto  as  follows:  "The 
General  Assembly  may  by  law  provide  that  the  Attorney  General  be  appointed 
by  the  Governor  a  majority  of  the  Senators  elected-  concurring  therein  by 
yea  and  nay  vote." 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  5. 

Amend  section  1  by  adding  a  new  paragraph  thereto  as  follows:  "The 
General  Assembly  may  by  law  provide  that  the  Treasurer  be  appointed  by 
the  Governor  a  majority  of  the  Senators  elected  concurring  therein  by  yea 
and  nay  vote." 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  1  was,  on  motion  of 
Mr.  Brenholt,  adopted. 

Section  2  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Shanahan,  adopted: 

Section  3  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Shuey,  adopted. 

Section  4  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Ganscho'w,  adopterl. 

Section  5  being  taken  up  and  read. 

Mr.  Mills  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  6. 

Amend  section  5  by  inserting  after  the  word  "Governor"  in  line  2, 
the  words  "who  shall  not  be  an  American  born  citizen  and"  and  in  line 
3  after  the  word  "citizen"  cut  out  the  words  "of  the  United  States  and" 
so  the  section  as  amended  would  read:  No  person  shall  be  eligible  to  the 
office  of  Governor,  or  Lieutenant  Governor  who  shall  not  be  an  American 
Born  citizen  and  who  shall  not  have  attained  the  age  of  thirty  five  years 
and  been  for  ten  years  next  preceding  his  election,  a  citizen  of  this  State. 
Neither  the  Governor,  Lieutenant  Governor,  Secretary  of  State,  Attorney 
General,  Auditor  of  Public  Accounts  nor  Superintendent  of  Public  Instruc- 
tion shall  be  eligible  to  any  other  office  during  the  period  for  which  he  shall 
have  been  elected. 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  5  was,  on  motion  of 
Mr.  Whitman,  adopted. 

Section  6  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Carlstrom,  adopted. 


76  JOURNAL  OF  THE  [June  2, 

Section  7  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Brenholt,  adopted. 

Section  8  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Shanahan,  adopted. 

Section  9  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Traeger,  adopted. 

Section  10  being  taken  up  and  read. 

Mr.  Paddock  offered  the  following  amendment  and  moved  its  adop^ 
tion : 

AMENDMENT  No.  7. 

Amend  by  adding  on  page  3,  section  10,  after  line  6,  the  following: 
"Provided,  however,  that  the  appointment  of  notaries  public  need  not  be  con- 
firmed by  the  Senate." 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  10.  as  amended  was,  on 
motion  of  Mr.  Shanahan,  adopted. 

Section  11.  being  taken  up  and  road  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Shanahan,  adopted. 

Section  12  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Latchford,  adopted. 

Section  13  being  taken  up  and  read. 

Mr.  Michaelson  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  8. 

Amend  Section  13  by  striking  out  the  words  in  lines  2  and  3  "upon 
such  conditions  and  with  such  restrictions  and  limitations  as  he  may  think 
proper." 

And  the  amendment  was  lost. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  9. 

Amend  in  line  2,  section  13  after  the  word  "offenses"  by  adding  the 
words  "either  unconditionally  or." 

And  the  amendment  was  adopted. 

Mr.  Wall  moved  that  section  13,  as  amended  be  adopted. 

Pending  discussion,  Mr.  Hull  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  10. 

Amend  section  13  by  striking  out  in  line  3  the  words  "as  he  may  think 
proper"  and  inserting  in  lieu  thereof  the  v/ords  "as  may  be  provided  by  law." 

And  the  amendment  was  lost. 

The -question  recurring  on  the  motion  of  Mr.  Wall  to  adopt  section 
13,  as  amended,  it  was  decided  in  the  affirmative. 

Section  14  being  taken  up  and  read. 

Mr.  Michaelson  offered  the  following  amendment  and  moved  its 
adoption : 


1920.]  COMMITTEE   OF    THE   WHOLE.  77 

AMENDMENT  No.  11. 

Amend  section  14  by  striking  out  the  words  in  lines  3  and  4  "protect 
life  or  property." 

Pending  discussion,  Mr.  Gorman  suggested  the  following  in  lieu 
of  the  pending  amendment  and  the  same  was  accepted  by  Mr. 
Michaelson : 

Amend  section  14  by  striking  out  the  words  in  lines  3  and  4  "protect 
life  or  porperty"  and  substitute  therefor  "in  cases  of  floods  and  conflagra- 
tions and  other  disasters." 

Pending  further  discussion,  Mr.  Carlstrom  suggested  the  following 
in  lieu  of  the  suggested  amendment  of  Mr.  Gorman,  which  said  sugges- 
tion was  accepted  by  both  Mr.  Gorman  and  Mr.  Michaelson : 

Amend  section  14  by  adding  after  the  word  "property"  in  line  4  the 
words  "endangered  by  any  public  disaster." 

And  the  question  being  on  the  adoption  of  the  foregoing  as  sug- 
gested finally  by  Mr.  Carlstrom,  a  division  was  had  resulting  as  follows : 
Yeas,  33;  nays,  30. 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  14,  as  amended  was, 
on  motion  of  Mr.  Brenholt,  adopted. 

Section  15  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Brenholt,  adopted. 

Section  16  being  taken  up  and  read. 

Mr.  Shanahan  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  12. 

Amend  section  16  by  striking  out  in  lines  15,  18  and  24  the  words  "or 
parts  thereof".  •• 

Pending  discussion,  Mr.  Whitman  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  amendment  offered 
by  Mr.  Shanahan. 

It  was  decided  in  the  affirmative. 

There  being  no  further  amendments  section  16.  as  amended,  was, 
on  motion  of  Mr.  Green,  adopted. 

Section  17  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Lindly,  adopted. 

At  the  hour  of  6:25  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Com- 
mittee do  now. rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


78  JOURNAL   OF   THE  [Jlllie 


THURSDAY,  JUNE  3,  1920. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Trautmann,  Chairman  of  the  Committee  on  Executive  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  June  2,  the  consideration  of  Proposal  No.  369,  the  same  was 
again  taken  up. 

And  section  18  being  read  and  no  amendments  being  offered  was, 
on  motion  of  Mr.  Traeger,  adopted. 

Section  19  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Hollenbeck,  adopted. 

Section  20  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Whitman,  adopted. 

Section  21  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Ganschow,  adopted. 

Section  22  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Shuey,  adopted. 

Section  23  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Moore,  adopted. 

Section  24  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Traeger,  adopted. 

Section  25  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Hollenbeck,  adopted. 

Section  26  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Dupuy,  adopted. 

Section  27  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Shuey,  adopted. 

Section  28  being  taken  up  and  read  and  no  amendments  being' 
offered  was,  on  motion  of  Mr.  Traeger,  adopted. 

Section  29  being  taken  up  and  read. 

Mr.  Mills  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  13. 

Amend  section  29  by  inserting  the  word  "annually"  after  the  word  "to" 
in  line  4  of  said  section. 

Pending  discussion,  Mr.  Dove  offered  the  following  amendment  to 
the  amendment,  which  was  accepted  by  Mr.  Mills: 

Amend  the  amendment  by  adding  before  the  word  "annually"  the  words 
"at  least." 

Pending  further  discussion,  Mr.  Gorman  offered  the  following 
amendment  to  the  amendment,  as  amended,  and  moved  its  adoption: 

Amend  the  amendment  as  amended  by  adding  the  word  "regularly"  in 
place  of  the  words  "at  least  annually". 


1920.]  COMMITTEE   OF    THE   WHOLE.  79 

By  unanimous  consent,  Mr.  Dove  withdrew  his  amendment  to 
Amendment  No.  13,  and  the  substitute  as  suggested  by  Mr.  Gorman  was 
accepted  by  Mr.  Mills. 

The  question  then  being  on  the  adoption  of  Amendment  No.  13,  as 
amended,  it  was  decided  in  the  negative. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  14. 

Amend  section  29  by  striking  out  the  word  "uniform"  in  line  2  and 
inserting  after  the  word  "system"  the  words  "uniform  within  classes". 

Pending  discussion,  Mr.  Dupuy  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  14, 
offered  by  Mr.  Hamill,  a  division  was  had  resulting  as  follows:  Yeas, 
25;  nays,  33. 

And  the  amendment  was  lost. 

Mr.  Sneed  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  15. 

Amend  section  29  in  line  2  after  the  word  "required"  by  adding  the 
words  "inaccordance  with  the  laws  passed  by  the  General  Assembly." 

Amend  section  29  in  line  4  after  the  word  "town"  by  adding  the  words 
"city  and  drainage  districts". 

Mr.  Elting  offered  the  following  as  a  substitute  for  the  amendment 
offered  by  Mr.  Sneed,  and  moved  its  adoption : 

Amend  section  29  by  inserting  after  the  word  "accounts'  in  line  3 
the  words  "for  the  use"  and  by  inserting  in  line  four  of  said  section  after 
the  word  "to"  the  words  "require  in"  and  after1  the  word  "audit"  in  said 
line  4  the  word  "of"  so  that  said  section  when  amended  will  read  as  follows: 

Section  29.  The  Auditor  of  Public  Accounts  in  addition  to  his  duties 
prescribed  by  law  shall  be  required  to  establish  a  uniform  system  for  the 
conduct  of  the  fiscal  affairs  and  accounts  for  the  use  of  all  county,  town, 
and  school  officers,  and  to  supervise  such  system  and  to  require  an  audit 
of  the  accounts  of  such  officers. 

And  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  the  amendment  offered 
by  Mr.  Sneed,  the  same  was  divided  and  the  motion,  being  put  on  the 
first  half  of  the  amendment  as  follows : 

Amend  section  29  in  line  2  after  the  word  "required"  by  adding  the 
words  "in  accordance  with  the  laws  passed  by  the  General  Assembly". 

It  was  decided  in  the  negative. 

The  motion  being  then  put  on  the  second  half  of  the  amendment 
as  follows : 

Amend  section  29  in  line  4  after  the  word  "town"  by  adding  the  words 
"city  and  drainage  districts". 

It  was  decided  in  the  negative. 

The  question  then  being  on  the  adoption  of  section  29,  it  was 
decided  in  the  affirmative. 


80  JOURNAL   OF    THE  [JllllC    3, 

Mr.  Mills  moved  that  the  vote  by  which  section  14  was,  heretofore, 
adopted  be  now  reconsidered. 

Pending  discussion,  at  the  hour  of  11 :1?  o'clock  a.  m.,  Mr.  Dupuy 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    T1IK    W1IOI.K.  81 


TUESDAY,  JUNE  15*  1920. 

At  the  hour  of  10 :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Trautmann,  Chairman  of  the  Committee  on  Executive  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  June  3,  the  consideration  of  Proposal  No.  369,  the  same  was 
again  taken  up. 

And  the  pending  question  being  the  adoption  of  the  motion  of  Mr. 
Mills  to  reconsider  the  vote  by  which  section  14  was  heretofore  adopted. 

It  was  decided  in  the  affirmative. 

Whereupon  Mr.  Dupuy  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  16. 

Amend  section  14  by  striking  out  in  line  4,  the  words  "endangered  by 
any  public  disaster." 

Pending  consideration,  Mr.  Gorman  offered  the  following  as  a  sub- 
stitute for  Amendment  No.  16  and  moved  its  adoption: 

Amend  section  14  by  striking  out  the  words  "protect  life  and  property." 
And  the  question  being  on  the  adoption  of  the  substitute  for  Amend- 
ment No.  16,  it  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  Amendment  No.  16.  it 
was  decided  in  the  affirmative. 

.Mr.  Carlstrom  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  17. 

Amend  by  striking  out  all  of  section  14  and  inserting  in  lieu  thereof 
section  14  of  Article  5  of  the  Constitution  of  1870,  as  follows: 

Section  14.  The  Governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  State  (except  when  they  shall  be  called  into  service 
of  the  United  State's) ;  and  may  call  out  the  same  to  execute  the  laws 
suppress  insurrection,  and  repel  invasion. 

The  question  being  on  the  adoption  of  Amendment  No.  17,  a  divi- 
sion was  had  resulting  as  follows:  Yeas,  26;  nays,  44. 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  14,  as  amended,  was, 
on  motion  of  Mr.  Paddock,  adopted. 

Mr.  Whitman  moved  that  the  vote  by  which  section  29  Avas.  hereto- 
fore adopted,  be  reconsidered. 

And  the  motion  prevailed. 

Mr.    AYhitiuan.    thereupon,   offered   the   following  amendment   and 
moved  its  adoption  : 
— 6  C  W 


82  JOURNAL  OF  THE  [June  15, 

AMENDMENT  No.  18. 

Amend  section  29  by  striking  out  in  lines  2  and  3  the  words  "for  the 
conduct  of  the  fiscal  affairs  and"  and  insert  the  word  "of"  before  accounts 
in  line  3,  and  change  the  word  "of"  after  "accounts"  to  "for". 

Section  29  would  then  read  "The  Auditor  of  Public  Accounts  in  addi- 
tion to  his  duties  prescribed. by  law  shall  be  required  to  establish  a  uniform 
system  of  accounts  for  all  county,  town  and  school  officers,  and  to  supervise 
such  system  and  to  audit  the  accuont  of  such  officers." 

An4  the  amendment  was  adopted. 

There  being  no  further  amendmc-nts,  section  29,  as  amended  was,, 
on  motion  of  Mr.  Dupuy,  adopted. 

Mr.  Traeger  thereupon  moved  that  Proposal  No.  369  as  amended, 
be  adopted  by  the  Committee  of  the  Whole  and  reported  to  the  Conven- 
tion with  the  recommendation  that  it  do  pass. 

And  the  motion  prevailed. 

Proposal  No.  370  being  taken  up  and  read  at  large. 

Mr.  Dupuy  moved  its  adoption. 

Pending  consideration,  Mr.  Taff  offered  the  following  amendment 
and  moved  its  adoption: 

AMENDMENT  No.  1. 

Amend  Proposal  No.  370,  by  inserting  in  line  1  after  the  word  "provide" 
the  following!  words  "after  the  expiration  of  the  term  of  office  of  those 
then  in  office". 

And  the  amendment  was  lost. 

The  question  recurring  on  the  motion  of  Mr.  Dupuy  that  Proposal 
No.  370  be  adopted. 

It  was  decided  in  the  negative. 

The  reports  from  the  Committee  on  Executive  Department  having 
been  disposed  of,  at  the  hour  of  11:15  o'clock  a.  m.,  Mr.  Trautmann 
called  Mr.  Dunlap  to  the  chair. 

And  the  Committee  of  the  Whole  thereupon  proceeded  to  the  con- 
sideration of  Proposal  No.  361,  reported  from  the  Committee  on  Agri- 
culture. 

Proposal  No.  361  being  taken  up  and  read  at  large. 

Mr.  Dunlap  called  Mr.  Gray  to  the  chair,  in  order  that  he  might 
speak,  from  the  floor,  on  the  Proposal. 

Pending  consideration,  Mr.  Gorman  offered  the  following  amend- 
ment and  moved  its  adoption : 

AMENDMENT  No.  1. 

Amend  Proposal  No.  361,  in  line  4,  after  the  word  "lands"  by  inserting 
the  words  "residences  and  business  buildings." 

And  the  amendment  was  lost. 

Mr.  Dunlap  having  resumed  the  chair,  Mr.  Gray  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  question  being  on  that  motion,  a  division  was  had  resulting 
as  follows:  Yeas,  28;  nays,  38. 

And  the  motion  was  lost. 


1920.]  COMMITTEE    OF   THE   WHOLE.  83 

Pending  further  discussion.  Mr.  Trautmann  moved  that  debate  be 
now  closed  and  that  the  Committee  proceed  to  vote  on  the  adoption  of 
Proposal  No.  361. 

And  the  motion  prevailed. 

At  the  hour  of  12 :50  o'clock  p.  m.,  Mr.  Dupuy  moved  that  tho 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


S4  JOURNAL  OF  THE  [June  16, 


WEDNESDAY,  JUNE  16,  1920. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  D-unlap,  Chairman  of  the  Committee  on  Agriculture,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  June  15,  the  consideration  of  Proposal  No.  361,  the  same  was 
again  taken  up. 

Mr.  Hamill  moved  that  further  consideration  of  Proposal  No.  361 
he  postponed  until  Tuesday,  June  22,  in  order  that  the  report  from  the 
Committee  on  Legislative  Department,  being  Proposal  No.  306,  might 
be  disposed  of. 

Mr.  Green  raised  the  point  of  order  that,  under  the  rules,  the  Com- 
mittee of  the  Whole  could  not  postpone  the  consideration  of  certain 
matters  to  a  certain  date. 

The  Chair  ruled  the  point  of  order  not  well  taken. 

The  question  then  being  on  the  adoption  of  the  motion  to  postpone, 
a  division  was  had  resulting  as  follows:  Yeas,  25;  nays,  25. 

And  the  motion  was  lost. 

Mr.  Dunlap  requested  Mr.  Dove  to  take  the  chair  in  order  that  he 
might  offer  an  amendment  and  speak  further  on  the  subject  from  the 
floor. 

Mr.  Dove  having  taken  the  chair,  Mr.  Dunlap  offered  the  following 
amendment  and  moved  its  adoption  : 

AMENDMENT  No.  2. 

Amend  Proposal  No.  361  by  inserting  after  the  word  "constitution"  In 
line  5,  the  following  sentence:  The  State,  however,  shall  not  become  in- 
debted in  any  manner  for  the  establishment  and  maintenance  of  such  funds 
unless  the  question  of  incurring  such  indebtedness  shall  be  submitted  to 
the  voters  at  a  general  election  and  be  approved  by  a  majority  of  those 
voting  on  the  question." 

Pending  discussion,  Mr.  Barr  moved  that  further  consideration  of 
Proposal  No.  361,  together  with  Amendment  No.  2,  be  'postponed  and 
that  the  Committee  proceed  to  the  next  subject  pending  on  the  General 
Orders  namely  the  report  of  the  Committee  on  Legislative  Department, 
being  Proposal  No.  366. 

The  motion  prevailed. 

And  at  the  hour  of  9  :35  o'clock  a.  m.,  Mr.  Dove  called  Mr.  Shana- 
han  to  the  chair  and  the  Committee  proceeded  to  the  further  considera- 
tion of  Proposal  No.  366. 

The  Majority  and  Minority  Reports  of  the  Committee  on  Legislative 
Department  on  sections  6,  7,  and  8  of  Proposal  No.  366,  were  taken  up 
and  read  at  large. 

Mr.  Barr  moved  that  the  Minority  Report  signed  by  delegates  from 
Cook  County,  be  not  adopted  as  part  of  the  Constitution. 


1920.]  COMMITTEE   OF    TILE   WHOLE.  85 

Mr.  Hamill  moved  as  a  substitute  that  the  Minority  Report,  sub- 
mitted by  the  delegates  from  Cook  County  be  substituted  for  the  Majority 
Report 

Mr.  Shamihan  requested  Mr.  DeYoung  to  take  the  chair  in  order 
that  lie  might  address  the  Committee  from  the  floor. 

At  the  conclusion  of  his  address,  Mr.  Shauahan  resumed  the  chair. 

The  question  being  on  the  adoption  of  the  substitute  motion  by  Mr. 
Hamill,  a  division  was  had  resulting  as  follows :  Yeas,  27 ;  nays,  50. 

And  the  substitute  was  lost. 

Mr.  Barr,  thereupon,  by  unanimous  consent,  withdrew  his  motion. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  3. 

Amend  section  6  of  the  Majority  Report  in  the  4th  paragraph  on  page 
2  by  striking  out  the  word  "the"  after  the  word  "of"  and  inserting  in  lieu 
thereof  the  word  "its". 

And  the  amendment  was  adopted. 

Pending  consideration,  Mr.  Dietz  offered  the  following  resolution 
and  moved  its  adoption : 

RESOLVED,  that  this  Committee  recommend  to  the  Convention  that 
the  subject  matter  of  section  6,  7,  and  8  of  Committee  Proposal  No.  366,  be 
referred  by  the  Convention  to  a  Conference  Committee  of  eleven  delegates 
to  the  Convention,  composed  of  five  members  from  Cook  County,  five  members 
from  counties  other  than  Cook,  to  be  appointed  by  the  President,  and  of 
which  Committee  the  President  shall  be  chairman,  for  consideration  and 
report. 

Pending  discussion,  at  the  hour  of  6  :27  o'clock  p.  m.,  Mr.  Lindly 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  question  being  on  the  adoption  of  the  motion  of  Mr.  Lindly. 
a  division  was  had  resulting  as  follows:  Yeas,  55;  nays,  29. 

And  the  motion  prevailed. 


8G  JOURNAL   OF   THE  [June    17, 


THURSDAY,  JUNE  17,  1920. 

At  the  hour  of  9  :28  o'cloek  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

Mr.  Dunlap,  Chairman  of  the  Committee  on  Agriculture,  presiding. 

Mr.  Barr  moved  that,  the  further  consideration  of  the  report  of  the 
Committee  on  Legislative  Department,  being  Proposal  No.  366,  be  post- 
poned temporarily  and  that  the  Committee  proceed  to  the  "further  con- 
sideration of  the  report  of  the  Committee  on  Agriculture,  being  Proposal 
No.  361. 

And  the  motion  prevailed. 

Mr.  Dunlap  requested  Mr.  Goodyear  to  take  the  chair  in  order  that 
he  might  speak  on  the  proposition  from  the  floor. 

And  the  question  being  the  adoption  of  Amendment  No.  2,  offered 
on  June  15. 

Mr.  Dunlap  offered  the  following  as  a  substitute  for  Amendment 
NQ.  2,  and  moved  its  adoption : 

Amend  Proposal  No.  361,  by  inserting  after  the  word  "constitution"  in 
line  5,  the  following]  sentence;  "The  State,  however,  shall  not  make  any 
appropriations  or  become  indebted  in  any  manner  for  the  establishment, 
maintenance  and  administration  of  such  funds  unless  the  question  of  mak- 
ing such  appropriations  or  incurring  such  indebtedness  shall  be  submitted 
to  the  voters  at  a  general  election  and  be  approved  by  a  majority  of  those 
voting  on  the  question." 

At  the  conclusion  of  his  speech,  Mr.  Dunlap  resumed  the  chair. 

Pending  consideration,  Mr.  Stewart  moved  that  debate  be  now 
closed  and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute  for 
Amendment  No.  2,  it  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  Proposal  No.  361,  as 
amended,  a  division  was  had  resulting  as  follows:  Yeas,  46;  nays,  29. 

And  Proposal  No.  361,  as  amended,  was  adopted. 

The  report  from  the  Committee  on  Agriculture  on  Proposal  No. 
361,  having  been  disposed  of,  at  the  hour  of.  1:30  o'clock  pi  m.,  Mr. 
Dunlap  called  Mr.  Shanahan  to  the  chair. 

And  the  Committee  of  the  Whole  proceeded  to  the  further  considera- 
tion of  the  report  from  the  Committee  on  Legislative  Department,  being 
Proposal  No.  366. 

The  pending  question  being  the  resolution  offered   by  Mr.  Dietz. 

Mr.  Dietz,  by  unanimous  consent,  withdrew  his  resolution. 

Mr.  Garrett  offered  the  following  substitute  for  sections  6  and  7  and 
moved  their  adoption: 


1920.]  COMMITTEE   OF    THE   WHOLE.  87 

SUBSTITUTE  FOB  SECTION  6  OF  THE  LEGISLATIVE  COMMITTEE'S  MAJORITY  REPORT. 
OFFERED  BY  MR.  GARRETT. 

Section  6.  The  General  Assembly  shall  apportion  the  State  every  twelve 
years,  beginning  with  the  year  one  thousand  nine  hundred  and  twenty-one, 
into  fifty-seven  Senatorial  Districtsc,  each  of  which  shall  elect  one  senator 
whose  term  of  office  shall  be  four  years,  and  the  basis  of  senatorial  appor- 
tionment shall  be  the  number  of  electors  who  voted  for  Governor  at  the 
last  regular  election  at  which  a  governor  was  elected  previous  to  the 
apportionment. 

The  territory  now  constituting  the  County  of  Cook  shall  be  divided  by 
the  General  Assembly  into  nineteen  senatorial  districts,  and  the  .number  of 
such  electors  in  that  territory  shall  be  divided  by  the  number  nineteen 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  senate  for  that 
territory. 

The  territory  now  constituting  the  remainder  of  the  state  shall  be 
divided  by  the  General  Assembly  into  thirty-eight  senatorial  districts,  and 
the  number  of  such  electors  in  that  territory  shall  be  divided  by  the  number 
thirty-eight  and  the  quotient  shall  be  the  ratio  of  representation  in  the 
senate  for  that  territory. 

When  a  county  contains  two  or  more  ratios  of  its  territory  it  shall  be 
divided  by  the  General  Assembly  into  as  many  senatorial  districts  as  it 
has  such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  by  pre- 
cinct or  ward  lines;  all1  other  senatorial  districts  shall  be  bounded  by 
county  lines. 

All  senatorial  districts  shall  be  formed  of  compact  and  contiguous  terri- 
tory, and  the  districts  in  each  territory  shall  contain  as  nearly  ais  practicable 
an  equal  number  of  such  electors  but  in  no  case  less  than  four-fifths  of  the 
ratio  for  that  territory. 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  divided  into  two  classes  so  that  one  half 
as  nearly  as  practicable  shall  be  chosen  biennially. 

SUBSTITUTE  FOR  SECTION  7  OF  THE  LEGISLATIVE  COMMITTEE'S  MAJORITY  REPORT. 
OFFERED  BY  MR.  GARRETT. 

Section  7.  The  General  Assembly  shall  apportion  the  State  every  twelve 
years  beginning  with  the  year  one  thousand  nine  hundred  and  twenty-one, 
into  one  hundred  and  fifty-three  representative  districts,  each  of  which 
shall  elect  one  representative  whose  term  of  office  shall  be  two  years,  and 
the  basis  of  representative  apportionment  shall  be  the  number  of  electors 
who  voted  for  Governor  at  the  last  regular  election  at  which  a  Governor 
was  elected,  previous  to  the  apportionment. 

Representative  districts  shall  be  formed  of  contiguous  and  compact 
territory,  bounded  by  county  lines,  or  in  the  case  of  counties  entitled  to 
more  than  one  representative,  by  precinct  or  ward  lines,  and  shall  contain 
as  nearly  as  practicable  an  equal  number  of  electors,  but  no  district  shall 
contain  less  than  four-fifths  of  the  representative  ratio. 

Counties  containing  not  less  than  the  ratio  and  four-fifths  may  be  divided 
into  separate  districts  and  shall  be  entitled  to  two  representatives,  and  to 
one  additional  representative  for  each  number  of  electors,  equal  to  the  ratio 
contained  by  such  counties  in  excess  of  twice  the  number  of  said  ratio. 

The  territory  of  any  county  as  constituted  at  the  time  of  "the  adoption 
of  this  Constitution  shall  never  be  entitled  to  more  than  seventy-six  repre- 
sentatives. 

Mr.  Gorman  offered  the  following  amendment  to  the  snbstiiute 
offered  by  Mr.  Garrett  and  moved  its  adoption : 

Amend  section  7  by  striking  out  the  last  paragraph  thereof  which  reads 
as  follows:  "The  territory  of  any  county  as  constituted  at  the  time  of  the 
adoption  of  this  Constitution  shall  never  be  entitled  to  more  than  76 
representatives." 


88  JOURNAL   OF   THE  [June    17, 

Pending  discussion,  Mr.  Gorman  withdrew  his  amendment. 

Pending  further  discussion,  Mr.  Carlstrom. moved  that  debate  be 
now  closed  and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute  sections 
for  sections  6  and  7  of  the  Majority  Keport,  a  division  was  had  resulting 
as  follows :  Yeas,  45  ;  nays,  19. 

And  the  substitute  sections  were  adopted. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  3. 

Amend  section  8  of  the  Majority  Report  of  the  Committee  on  Legislative 
Department  by  striking  out  the  words  in  the  second  line  thereof  "taking 
of  the  decennial  federal  census"  and  substituting  therefor  the  words  "time 
fixed  in  this  constitution  for  making  any  such  apportionment." 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  Supplemental 
Majority  Keport  on  sections  (>,  7  and  8  of  Proposal  Xo.  3T>6,  as  amended, 
a  division  was  had  resulting  as  follows:  Yeas,  45;  nays,  19. 

And  the  Supplemental  Majority  Report,  as  amended,  was  adopted. 

At  the  hour  of  7  :0o  o'clock  p.  m.,  Mr.  Lindly  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF   THE   WHOLE.  89 


TUESDAY,  JUNE  22,  1920. 

At  the  hour  of  10:25  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding. 

Proposal  No.  211  was  taken  up  and  read  at  large. 

Wheieupon  Mr.  Michaelson  moved  that  the  report  of  the  Committee 
on  Legislative  Department,  recommending  that  Proposal  No.  211  bt 
rejected,  be  concurred  in. 

And  the  motion  prevailed. 

The  supplemental  report  of  the  Committee  on  Legislative  Depart- 
ment recommending  that  Amendment  No.  4,  to  section  27  of  Proposal 
No.  366  (trading  stamps  or  trade  premiums)  be  not  adopted  was  taken 
up  and  read. 

Whereupon  Mr.  Hamil]  moved  that  the  recommendation  of  the 
Committee  be  concurred  in. 

And  the  motion  prevailed. 

The  supplemental  report  of  the  Committee  on  Legislative  Depart- 
ment reported  back  a  substitute  for  Amendment  No.  3,  to  be  known  as 
section  231/2  of  Proposal  No.  366  and  recommending  that  Amendment 
No.  3  be  rejected  and  that  the  substitute  be  placed  on  the  General 
Orders,  was  taken  up  and  read. 

Whereupon  Mr.  Hamill  moved  that  the  substitute  be  adopted. 

And  the  motion  prevailed. 

Section  27  of  Proposal  No.  366  being  next  taken  up  was,  on  motion 
of  Mr.  Paddock,  adopted. 

Mr.  Lindly  moved  that  the  vote  by  which  section  33  was  heretofore 
stricken  out,  be  reconsidered. 

And  the  motion  prevailed. 

Whereupon  Mr.  Carlstrom  offered  the  following  substitute  for  sec- 
tion 33  and  moved  its  adoption : 

Whenever  any  death,  disability  or  retirement  fund  shall  have  been  or 
shall  be  created  by  law,  and  a  part  of  the  conpensation  of  a  public  officer 
or  employe  is  required  to  be  deferred  and  contributed  thereto,  as  the  whole 
or  as  a  part  thereof,  such  public  officer  or  employe  or  his  beneficiary  may 
have  a  vested  interest  therein  as  may  be  provided  by  law,  but  such  interest 
shall  attach  only  the  fund  accumulated,  and  shall  impose  no  obligation  upon 
the  State  to  create  or  maintain  such  fund. 

Mr.  Miller  offered  the  following  amendment  to  the  siibstitute  section 
which  was  accepted  by  Mr.  Carlstrora  : 

In  line  6  between  'the  words  "have  and  Vested"  change  "a"  to  "such" 
so  as  to  read  "have  such  vested." 

Pending  discussion,  Mr.  Mighell  offered  the  following  amendment 
to  the  substitute  section  and  moved  its  adoption : 


90  JOURNAL  or  THE  [June  22, 

Strike  out  all  after  the  word  "law"  in.  line  7  and  insert  in  lieu  thereof 
the  following:  "but  such  interest  shall  attach  only  to  the  fund  accumulated, 
allocated  and  maintained  for  that  particular  officer  or  employe  and  shall 
impose  no  obligation  upon  the  State  or  any  municipality  or  political  division 
thereof  to  create  or  maintain,  such  fund." 

And  the  amendment  was  lost. 

Pending  discussion,  Mr.  Hamill  moved  that  further  consideration 
be  postponed. 

And  the  motion  prevailed. 

At  the  hour  of  10 :50  o'clock  a.  m.,  Mr.  Scanlan  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WHOLE.  91 


TUESDAY,  JUNE  22,  1920. 

At  the  hour  of  10 :55  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  the  two  reports  from  the 
Committee  on  Distinction  between  Constitutional  and  Legislative  Sub- 
jects. 

Mr.  Dietz,  Chairman  of  the  Committee  on  Distinction  Between 
Constitutional  and  Legislative  Subjects,  presiding. 

The  report  of  the  Committee  on  Distinction  on  Proposal  No.  81, 
recommending  that  the  Proposal  be  re-referred  to  the  proper  committee 
for  consideration,  on  its  merit,  was  taken  up  and  read. 

Whereupon,  Mr.  Corlett  moved  that  the  report  be  adopted. 

And  the  motion  prevailed. 

The  report  of  the  Committee  on  Distinction  on  Proposal  No.  213 
recommending  that  the  same  be  rejected  was  taken  up  and  read  at  large. 

Whereupon,  Mr.  Hamill  moved  that  the  report  be  adopted. 

And  the  motion  prevailed. 

At  the  hour. of  10  :55  o'clock  a.  m.,  Mr.  Hamill  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


JOURNAL   OF   THE  [June 


TUESDAY,  JUNE  22,  1920. 

At  the  hour  of  11 :00  o'clock  a.  m.,  the  Convention  went  into  Com 
mittee  of  the  Whole  for  the  consideration  of  the  report  of  the  Committee 
on  Agriculture  being  Proposal  No.  372. 

Mr.  Dunlap,  Chairman  of  the  Committee  on  Agriculture,  presiding. 

Proposal  No.  372  being  taken  up  and  read  at  large. 

Mr.  Dunlap  called  Mr.  Gee  to  the  chair  in  order  that  he  might  speak 
from  the  floor. 

Mr.  Dunlap  having  resumed  the  chair,  Mr.  Hamill  moved  that  the 
Committee  of  the  Whole  do  not  concur  in  the  report  of  the  Committee  on 
Agriculture  and  that  Article  13  of  the  Constitution  of  1870  .be  omitted 
from  the  new  Constitution. 

Whereupon,  Mr.  Whitman  moved  as  substitute  that  Article  13  of  the 
Constitution  of  1870  be  substituted  for  Proposal  No.  372,  reported  by  the 
Committee  on  Agriculture. 

Pending  discussion,  Mr.  Hamill,  by  unanimous  consent  withdrew 
his  motion. 

And  the  question  then  being  on  the  motion  of  Mr.  Whitman  to 
substitute  Article  13  of  the  Constitution  of  1870  for  Proposal  No.  372. 

It  was  decided  in  the  affirmative. 

•Article  13  was  then  taken  up  and  read  at  large. 

Whereupon  Mr.  Hamill  moved  that  Article  13  be  omitted  from  the 
new  Constitution. 

Mr.  Trautmann  moved  to  amend  the  motion  to  read  except  section 
7  thereof,  which  amendment  -was  accepted  by  Mr.  Hamill. 

Pending  discussion,  Mr.  Paddock  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  motion  to  omit  Article  13,  except 
section  7,  a  division  was  had  resulting  as  follows:  Yeas,  19;  nays,  31. 

And  the  motion  was  lost. 

Section  1  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Jack,  adopted. 

Section  2  being  taken  up  and  read. 

Mr.  Trautmann  moved  to  mend  in  line  3  by  striking  out  the  words 
"one  hundred  thousand"  and  inserting  in  lieu  thereof  the  words  "fifty 
thousand." 

Whereupon,  Mr.  Carlstrom  offered  the  following  as  a  substitute  and 
moved  its  adoption : 

Amend  section  2  by  striking  out  the  words  in  line  2  and  3  "situated  in 
any  town  or  city  of  not  less  than  one  hundred  thousand  inhabitants"  and 
substituting  in  lieu  thereof  the  words  "issuing  warehouse  receipts". 

Pending  discussion,  by  unanimous  consent,  Mr.  Carlstrom  withdrew 
his  substitute  and  offered  in  lieu  thereof  the  following: 


1920.]  COMMITTEE   OF   THE   WHOLE.  93 

Amend  section  2  by  striking  out  the  word  "one"  in  line  3  and  substitut- 
ing therefor  the  word  "two"  and  by  adding  the  word  "inhabitants"  in  said 
line  3,  the  words  "and  in  all  cities  and  villages  where  either  State  or  Fed- 
eral grain  inspection  now  is  or  may  hereafter  be  provided  or  established". 

Pending  discussion,  Mr.  Gray  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute  offered 
by  Mr.  Carlstrom. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  motion  offered  by 
Mr.  Trautmann. 

It  was  decided  in  the  negative. 

Mr.  Jack  thereupon  moved  that  section  2  be  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows : 
Yeas,  29 ;  nays,  22. 

And  the  motion  prevailed  and  section  2  was  adopted. 

Section  3  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Brenholt,  adopted. 

Section  4  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Kerrick,  adopted. 

Section  5  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Gray,  adopted. 

Section  6  being  taken  up  and  read. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adoption: 

Strike  out  the  word  "and"  in  line  5  between  words  "Producers  and 
Shippers"  and  insert  after  the  word  "shippers"  the  words  "consumers  and 
others  interested". 

And  the  amendment  was  adopted. 

Mr.  Gilbert  offered  the  following  amendment  and  moved  its  adop- 
tion : 

Insert  the  words  "powers  and"  in  line  6  before  the  word  "remedies". 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  6,  as  amended  was,  on 
motion  of  Mr.  Lindly,  adopted. 

Section  7  being  taken  up  and  read. 

Mr.  Trautmann  offered  the  following  as  a  substitute  and  moved  its 
adoption : 

The  General  Assembly  may  pass  laws  for  the  inspection  of  grain  and 
for  the  protection  of  producers,  shippers,  receivers  and  consumers  of  grain 
and  produce. 

Pending  consideration,  Mr.  Hamill  moved  to  amend  the  substitute 
by  striking  out  the  word  "may"  in  line  1  and  inserting  the  word  "shall." 

The  question  being  oh  the  motion  of  Mr.  Hamill  a  division  was  had 
resulting  as  follows :  Yeas,  34 ;  nays.  14. 

And  the  motion  prevailed. 

Pending  further  discussion,  Mr.  Dawes  moved  to  amend  by  insert- 
ing after  the  words  "inspection  of  grain"  the  words  "and  produce." 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute  as 
amended,  it  was  decided  in  the  affirmative. 


94  JOURNAL  OF  THE  [June  22, 

The  ^question  recurring  on  the  adoption  of  section  7,  as  amended,  a 
division  was  had  resulting  as  follows:  Yeas.  33;  nays,  20. 

And  .the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Proposal  ISTo.  372  as 
nmended,  a  division  was  had  resulting  as  follows:  Yeas,  33;  nays,  22. 

And  the  Proposal,  as  amended,  was  adopted. 

At  the  hour  of  6  :50  o'clock  p.  m.,  Mr.  Traeger  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE   WHOLE.  95 


WEDNESDAY,  JUNE  23,  1920. 

At  the  hour  of  9:15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion on  June  22,  the  consideration  of  Proposal  No.  3G6,  the  same  was 
again  taken  up. 

And  the  pending  question  being  the -substitute  offered  by  Mr.  Carl- 
strom,  for  section  33. 

Mr.  Miller  offered  the  following  amendment  to  the  substitute  which 
was  accepted  by  Mr.  Carlstrom : 

In  line  6  between  the  words  "have"  and  "vested"  change  "a"  to  "such" 
so  as  to  read  "have  such  vested". 

•  Pending  discussion,  Mr.  Mighell  offered  the  following  amendment  to 
the  substitute  and  moved  its  adoption : 

Strike  out  all  after  the  word  "law"  in  line  7  and  insert  in  lieu  thereof 
the  following:  "but  such  interest  shall  attach  only  to  the  fund  accumulated, 
allocated  and  maintained  for  that  particular  officer  or  employee  and  shall 
impose  no  obligation  upon  the  State  or  any  municipality  or  political  divi- 
sion thereof  to  create  or  maintain  such  fund." 

And  the. amendment  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute,  as 
amended,  a  division  was  had  resulting  as  follows:  Yeas,  43;  nays,  18. 

And  the  substitute  was  adopted. 

The  question  then  being  on  the  adoption  of  section  33,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  30  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Paddock,  adopted. 

Section  31  being  taken  up  and  read. 

Mr.  D'unlap  offered  the  following  as  a  substitute  and  moved  its 
adoption : 

The  General  Assembly  may  pass  laws:  (1)  permitting  the-  owners  and 
lessees  of  lands  and  of  minerals  to  construct  drains,  ditches,  and  levees 
upon  or  across  the  lands  of  others  for  agricultural,  sanitary,  and  mining 
purposes;  (2)  providing  for  the  organization  of  drainage  districts  and  in- 
vesting their  corporate  authorities  with  powers  of  eminent  domain,  taxation 
and  special  assessments,  and  with  such  other  appropriate  powers  as  the 
General  Assembly  may  deem  necessary,  for  the  development,  construction, 
and  maintenance  of  flood  control,  irrigation  and  of  drainage  for  sanitary, 
agricultural,  and  mining  purposes;  and  (3)  may  provide  for  the  development, 
construction  and  maintenance  of  such  projects  in  whole  by  such  drainage 
districts  or  in  part  at  the  expense  of  such  drainage  districts  and  in  part 
by  the  State  or  any  political  sub-division  thereof. 

The  authority  given  for  the  accomplishment  of  the  purposes  set  forth 
in  this  section  shall  not  deprive  the  General  Assembly  of  the  power  to 
provide  other  means  for  the  accomplishment  thereof. 


96  JOURNAL  OF  THE  [June  23, 

Mr.  Wilson  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption: 

Strike  out  in  the  15th  and  16th  lines  the  following  words,  "And  in 
part  by  the  State  or  any  political  sub-division  thereof." 

The  question  being  on  the  adoption  of  the  amendment  to  the  substi- 
tute offered  by  Mr.  Dunlap  a  division  was  had  resulting  as  follows : 
Yeas,  26;  nays,  35. 

And  the  amendment  was  lost. 

Mr.  Dunlap  moved  to  amend  the  substitute  by  striking  out  the  word 
"taxation"  in  line  7. 

And  the  motion  prevailed. 

Mr.  Gale  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption : 

Insert  in  the  14th  line  after  the  word  "or"  and  before  the  word  "in" 
the  following  words  "for  the  purpose  of  making  surveys  and  straightening 
and  improving  water  courses." 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  substitute,  as 
amended,  it  was  decided  in  the  affirmative. 

There  being  no  further  amendments,,  section  31,  as  amended,  was, 
on  motion  of  Mr.  Lindly,  adopted. 

Mr.  Lindly  thereupon  moved  that  Proposal  Xo.  366,  as  amended, 
be  adopted  by  the  Committee  of  the  Whole  and  reported  to  the  Conven- 
tion with  the  recommendation  that  it  do  pass. 

And  the  question  being  on  that  motion,  a  division  was  had  resulting 
as  follows:  Yeas.  46;  nays,  21. 

And  the  motion  prevailed. 

Mr.  Hamill  gave  notice  that  he  had  voted  in  the  affirmative  and 
that  he  would  move  to  reconsider. 

Whereupon  Mr.  Dunlap  raised  the  point  of  order  that  it  was  out  of 
order  to  reconsider  in  Committee  of  the  Whole. 

The  Chair  ruled  the  point  well  taken. 

The  report  of  the  Committee  on  Legislative  Department  recom- 
mending that  Proposals  numbered"  6,  25.  37,  57.  80,  87,  128,  141,  143, 
163,  183,  184,  189,  221,  228,  237,  243,  293,  305,  335,  336,  350,  356,  and 
352,  be  rejected,  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Brenholt  moved  that  the  report  of  the  Committee 
be  adopted. 

And  the  motion  prevailed. 

At  the  hour  of  11:30  o'clock  a.  in.,  Mr.  Lindly  moved  that,  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE   WHOLE.  97 


WEDNESDAY,  JUNE  23,  1920. 

At  the  hour  of  11 :35  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the  joint  report  from 
the  Committees  on  Municipal  Government  and  Chicago  and  Cook 
County,  being  Proposal  No.  374. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

Proposal  No.  374  was  taken  up  and  read  at  large  and  considered 
section  by  section  as  follows: 

Section  1  being  taken  up  and  read. 

Mr.  Jarman  offered  the  following  amendment  and  moved  it?  adop- 
tion : 

AMENDMENT  No.  1. 

Amend  section  1,  in  line  6  by  inserting  after  the  word  "no"  the  word 
"such". 

Pending  discussion  Mr.  Sutherland  offered  the  following  amend- 
ment to  Amendment  No.  1,  which  was  accepted  by  Mr.  .Jarman : 

Amend  section  1,  in  line  6  by  striking  out  after  the  word  "and"  the  words 
"no  power"  and  inserting  in  lieu  thereof  the  words  "no  such  power  of  local 
self-government  and  corporate  action". 

And  the  question  being  on  the  adoption  of  the  amendment  as 
amended. 

It  was  decided  in  the  affirmative. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  2. 

Amend  section  2  by  inserting  after  the  word  "law"  in  line  8  the  words 
"which  shall  be  subject  to  general  laws  in  matter  relating  to  State  affairs" 
and  also  by  striking  out  in  line  1  the  words  "subject  to  existing  or  future 
laws". 

And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  3. 

Amend  section  1  by  striking  out  the  word  "law"  at  the  end  of  line  8 
and  adding  the  following: 

"But  the  power  to  pass  laws  or  regulations  relating  to  the  subjects  of 
the  Practice  of  Medicine,  Health  and  Sanitation  shall  remain  and  rest 
solely  in  the  General  Assembly  as  at  present,  and  such  powers  delegated 
to  cities,  villages  and  incorporated  towns  under  existing  laws  shall  continue 
in  force  until,  and  except  as,  modified  by  the  General  Assembly  subsequent 
to  the  adoption  of  this  Constitution". 
—7  C  W 


98  JOURNAL  OF  THE  [June  23, 

Also  by  striking  out  all  of  lines  11  and  12. 

And  the  amendment  was  lost. 

Mr.  Six  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  4. 

Amend  section  1  by  striking  out  after  the  first  word  of  line  6  all  of 
lines  6  to  15  inclusive  and  adding  the  following: 

The  grant  or  delegations  of  powers  by  the  State  shall  be  the  subject  to 
the  following: 

The  State  is  supreme  in  all  activities  of  municipalities  or  other  agencies 
in  which  the  State  has  a  sovereign  interest  regardless  of  any  grant  or 
delegation  of  power  herein. 

The  State  has  a  sovereign  interest  in  the  enforcement  of  laws  and  the 
fair  election  of  officials  in  all  parts  of  the  State. 

The  supervision  and  control  of  education  of  the  children  of  this  State 
shall  remain  the  duty  and  function  of  the  State  and  shall  never  be  surrend- 
ered. 

The  State  shall  determine  the  extent  of  all  powers  granted  or  delegated. 

The  State  shall  not  be  superceded  in  the  right  to  make  and  enforce; 

(A)  Laws  relating  to  property  rights  and  obligations  of  municipalities 
or  other  agencies; 

(B)  Laws  which  determine  or  impose  penalties; 

(C)  Laws  providing  for  the   removal   of   municipal   officers   or   repre- 
sentatives exercising  sovereign  powers. 

The  general  police  power  of  the  State  shall  not  be  surrendered.  The 
State  shall  exercise  the  power  of  taxation  for  State  purposes  and  constitu- 
tional provisions  for  separation  of  the  objects  of  local  and  State  taxation 
shall  not  be  construed  as  a  surrender  of  general  State  supervision  of  taxa- 
tion for  local  purposes. 

Pending  consideration  at  the  hour  of  6:18  o'clock  p.  m.,  Mr.  Bren- 
holt  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE   WHOLE.  99 


THURSDAY,  JUNE  24,  1920. 

At  the  hour  of  9  :20  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  June  23,  the  consideration  of  Proposal  No.  374,  the  same  was 
again  taken  up. 

And  the  pending  question  being  the  adoption  of  Amendment  No.  4, 
offered  by  Mr.  Six,  to  section  1'. 

Mr.  Hull  called  Mr.  Garrett  to  the  chair  in  order  that  he  might 
speak  on  the  pending  amendment  from  the  floor. 

At  the  conclusion  of  his  speech,  Mr.  Hull,  resumed  the  chair. 

The  question  then  being  on  the  adoption  of  Amendment  No.  4,  it 
was  decided  in  the  negative. 

Mr.  Miller  offered  the  following  amendment  to  section  1  and  moved 
its  adoption : 

AMENDMENT  No.  5. 

Amend  section  1  by  adding  after  the  word  "law"  in  line  8  the  follow- 
ing: "This  grant  of  power  shall  not  be  effective  in  the  case  of  any  city, 
village  or  incorporated  town  unless  and  until  such  city,  village  or  incorporat- 
ed town  shall  have  adopted  a  charter  in  accordance  with  section  9  of  this 
Article. 

And  the  amendment  was  adopted. 

Mr.  Coolley  offered  the  following  amendment  to  section  1  and 
moved  its  adoption : 

AMENDMENT  No.  6. 

Amend  by  adding  after  the  word  "cities"  in  line  1  the  words  "of  more 
than  one  million  inhabitants"  and  strike  out  of  lines  2  and  3  the  words 
"villages  and  incorporated  towns." 

Pending  consideration,  Mr.  Coolley  withdrew  his  Amendment  No. 
6,  and  offered  the  following  amendment  and  moved  its  adoption  : 

AMENDMENT  No.  7. 

Amend  section  1  by  adding  after  the  word  "cities"  in  line  1  the  words 
"of  less  than  one  million  inhabitants". 

And  the  amendment  was  lost. 

Mr.  Dietz  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  8. 

Amend  section  1,  as  amended,  by  adding  at  the  end  thereof  the  following: 
"Except  as  in  the  several  sections  of  this  Article  otherwise  expressly  pro- 


100  JOURNAL  OF  THE  [June  #4, 

vided,  the  laws  of  the  State  shall  prevail  over  the  charter  and  ordinance 
provisions  of  any  city,  village  and  incorporated  town  adopting  the  charter 
provisions  of  this  Article. 

And  the  amendment  was  adopted. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  9. 
Amend  section  1  by  striking  out  lines  9  to  15  inclusive. 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  29;  nays,  25. 

And  the  amendment  was  adopted. 

Whereupon  Mr.  Davis  moved  that  section  1,  as  amended,  be  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows:  Yeas, 
34;  nays,  20. 

And  the  motion  prevailed. 

Section  2  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Sutherland,  adopted. 

Section  3  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Sutherland,  adopted. 

Section  4  being  taken  up  and  read. 

Mr.  Dupee  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  10.     - 

Amend  section  4  by  inserting  before  the  first  word  in  line  1  the  words 
"the  corporate  authorities  of". 

And  the  ameridment  was  adopted. 

There  being  no  further  amendments;  section  4.  as  amended  was,  on 
motion  of  Mr.  Davis,  adopted. 

Section  5  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Todd,  adopted. 

Section  6  being  taken  up  and  read. 

Mr.  Sutherland  offered  (he  following  substitute  for  section  6  and 
moved  its  adoption  :  * 

The  power  of  cities,  villages  and  incorporated  towns  to  own,  acquire, 
construct,'  operate,  or  let  or  lease  for  operation  public  utilities  or  to  sell 
the  product  or  service  of  public  utilities  so  owned  or  operated  and  to  fix  the 
rates  therefor,  shall  not  be  denied  by  law. 

The  question  being  on  the  adoption  of  the  substitute,  a  division  was 
had  resulting  as  follows :  Yeas,  29 ;  nays,  .20. 

And  the  substitute  was  adopted. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  11. 

Amend  section  7  by  inserting  after  the  word  "utilities"  in  line  4  the 
words  "to  any  such  municipality  or"  and  after  the  word  "people"  in  line 
4  insert  the  word  "thereof"  and  strike  out  the  words  "of  any  city,  village  or 
incorporated  town"  in  line  4  after  the  word  "people". 

Pending  discussion,  Mr.  Whitman  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 


1920.]  COMMITTEE   OF   THE    WHOLE.  101 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  11,  it 
was  decided  in  the  affirmative. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  12. 

Amend  section  7  by  inserting  after  the  word  "inviolable"  in  line  6  the 
following  words  "and  when  such  contract  shall  be  for  a  term  of  more  than 
five  years,  the  same  shall  be  submitted  to  the  electors  of  the  municipality 
and  approved  by  a  majority  of  those  voting  thereon." 

The  question  being  on  the  adoption  of  Amendment  No.  12,  a  divi- 
sion was  had  resulting  as  follows :  Yeas,  21 ;  nays,  26. 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  Mr.  Sutherland  moved  that 
section  7  be  adopted. 

And  on  that  motion  a  division  was  had,  resulting  as  follows : 
Yeas,  18 ;  nays,  32. 

And  the  motion  was  lost. 

Section  8  being  taken  up  and  read. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  13. 

Amend  section  8  by  striking  out  in  line  9  the  words  "This  provision 
shall  apply  to  any  statute  or  ordinance  heretofore  passed. 

And  the  amendment  was  lost. 

Mr.  Dupee  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  14. 

Amend  section  8  by  adding  to  line  9  the  following:  "whose  provisions 
are  within  the  terms  of  this  'section." 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  8,  as  amended  was,  on 
motion  of  Mr.  Dupee,  adopted. 

At  the  hour  of  6:10  o'clock  p.  m.,  Mr.  Davis  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


102  JOURNAL  OF  THE  [June  25, 


FRIDAY,  JUNE  25,  1920. 

At  the  hour  of  9  :2.5  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion on  June  24,  the  consideration  of  Proposal  No.  374,  the  same  was 
again  taken  up. 

And  section  9  being  read. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  15. 

Amend  section  9  by  inserting  in  line  5  after  the  word  "thereof"  the 
words  "proposed  as  therein  provided". 

And  the  amendment  was  adopted, 

Mr.  Corcoran  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  16. 

Amend  section  9  by  striking  out  the  last  four  lines  being  lines  11,  12, 
13  and  14. 

Pending  consideration,  Mr.  Dupuy  moved  that  further  consideration 
of  Proposal  No.  374  be  postponed. 

And  the  motion  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  No.  16,  a 
division  was  had  as  follows:  Yeas,  9;  na}7s,  20. 

And  the  amendment  was  lost. 

Mr.  Dietz  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  17. 

Amend  section  9  by  striking  out  all  of  the  second  paragraph  except 
the  last  sentence  and  by  striking  out  the  word  "other"  in  line  6,  of 
second  paragraph  and  inserting  in  lieu  thereof  the  word  "all". 

Pending  consideration,  at  the  hour  of  1 0 :30  o'clock  a.  m.,  Mr.  Todt! 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE    WHOLE.  103 


FRIDAY,  JUNE  25,  1920. 

At  the  hour  of  10  :35  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  the  reports  from  the 
Committee  on  Bill  of  Rights  being  Proposals  numbered  375  and  376. 

Mr.  Rinaker,  Chairman  of  the  Committee  on  Bill  of  Rights,  pre- 
siding. 

Proposal  No.  375  being  taken  up  and  read  at  large.  Mr.  Coiiett 
moved  its  adoption. 

And  the  motion  prevailed. 

Proposal  No.  376  being  taken  up  and  read  at  large,  was  considered 
section  by  section  as  follows: 

Section  1  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  2  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion'  of  Mr.  Traeger,  adopted. 

Section  3  being  taken  up  and  read. 

Mr.  Scanlan  moved  that  consideration  of  section  3  be  postponed. 

And  the  motion  prevailed. 

Section  4  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  5  being  taken  up  and  read. 

Mr.  Scanlan  moved  that  consideration  of  section  5  be  postponed. 

And  the  motion  prevailed. 

Section  6  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Scanlan.  adopted. 

Section  7  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  8  being  taken  up  and  read. 

Mr.  Scanlan  moved  that  consideration  of  section  8  be  postponed. 

And  the  motion  prevailed. 

Section  9  being  taken  up  and  read. 

Mr.  Gee  moved  that  consideration  of  section  9  be  postponed. 

And  the  motion  prevailed. 

Section  10  being  taken  up  and  read. 

Mr.  Hamill  moved  that  consideration  of  section  10  be  postponed. 

And  the  motion  prevailed. 

Section  11  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  12  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  13  being  taken  up  and  read. 

Mr.  Scanlan  moved  that  consideration  of  section  13  be  postponed. 

And  the  motion  prevailed. 


104  JOURNAL  OF  THE  [June  25, 

Section  14  being  taken  up  and  read. 

Mr.  CarMrom  moved  that  consideration  of  section  14  be  postponed. 

And  the  motion  prevailed. 

Section  15  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  16  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section  17  being  taken  up  and  read. 

Mr.  Mills  moved  that  consideration  of  section  17,  be  postponed. 

And  the  motion  prevailed. 

Section  18  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Scanlan,  adopted. 

Section- 19  being  taken  up  and  read. 

Mr.  Hamill  moved  that  consideration  of  section  19  be  postponed. 

And  the  motion  prevailed. 

Section  20  being  taken  up  and  read. 

Mr.  Green  moved  that  consideration  of  section  20  be  postponed. 

And  the  motion  prevailed. 

At  the  hour  of  11  :15  o'clock  a.  m.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise,  report  progress,  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE    WHOLE.  105 


MONDAY,  JUNE  28,  1920. 

At  the  hour  of  3  :45  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  matters  on  the  General 
Orders. 

Mr.  Coolley,  member  of  the  Committee  on  Miscellaneous  Subjects, 
presiding. 

The  report  of  the  Committee  on  Miscellaneous  Subjects;  recommend- 
ing that  Proposals  numbered  195,  314,  315,  342  and  333  be  rejected, 
being  the  next  matter  pending  on  the  General  Orders,  the  same  was 
taken  up  and  considered  as  follows : 

Proposal  No.  195,  being  taken  up  and  read. 

The  report  of  the  Committee  was,  on  motion  of  Mr.  Sutherland, 
concurred  in. 

Proposal  No.  314,  being  taken  up  and  read. 

The  report  of  the  Committee  was,  on  motion  of  Mr.  Hamill,  con- 
curred in. 

Proposal  No.  315,  being  taken  up  and  read. 

The  report  of  the  Committee  was,  on  motion  of  Mr.  Hamill,  con- 
curred in. 

Proposal  No.  342,  being  taken  up  arid  read. 

Mr.  Jarman  moved  that  consideration  of  Proposal  No.  342  be 
postponed. 

And  the  motion  prevailed. 

Proposal  No.  333  being  taken  up  and  read. 

The  report  of  the  Committee  was,  on  motion  of  Mr.  Hamill.  con- 
curred in. 

At  the  hour  of  4:25  o'clock  p.  m.,  Mr.  Sutherland  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


106    "  JOURNAL  OF  THE  [June  29, 


TUESDAY,  JUNE  29,  1920. 

At  the  hour  of  11 :00  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  Committee  of  the  Whole,  having,  heretofore  had  under  dis- 
cussion, on  June  25,  the  consideration  of  Proposal  No.  374,  the  same  was 
again  taken  up. 

And  the  pending  question  being  Amendment  No.  17,  offered  to 
section  9,  hy  Mr.  Dietz. 

Mr.  Hull  called  Mr.  Garrett  to  the  chair  in  order  that  he  might 
speak  on  the  pending  amendment. 

At  the  conclusion  of  his  address,  Mr.  Hull  resumed  the  chair. 

The  question  then  being  on  the  adoption  of  Amendment  No.  17,  a 
division  was  had  resulting  as  follows:  Yeas,  25;  nays.  29. 

And  the  amendment  was  lost. 

Mr.  Shanahan  moved  that  section  9,  as  amended,  be  adopted. 

And  on  that  motion .  a  division  was  had  resulting  as  follows : 
Teas,  30;  nays,  27. 

,And  the  motion  prevailed. 

Section  10  being  taken  up  and  read,  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Garrett,  adopted. 

Section  11  being  taken  up  and  read. 

Mr.  Dietz  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  18. 

Amend  section  11  by  striking  out  the  word  "counties"  in  line  1  and  by 
adding  after  the  word  "corporations"  in  line  2  the  words  "in  the  County 
of  Cook". 

And  the  amendment  was  lost. 

Mr.  Garrett  moved  that  section  11  be  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  27;  nays,  26. 

And  the  motion  prevailed. 

Mr.  Mighell  offered  the  following  as  a  new  section  to  be  known  as 
section  12,  and  moved  its  adoption : 

Section  12.  This  article  shall  not  apply  to  any  city  village  or  town 
which  has  less  than  one  hundred  thousand  population. 

And  the  question  being  on  the  adoption  of  section  12  a  division  was 
had  resulting  as  follows:  Yeas,  31;  nays,  30. 

And  section  12  was  adopted. 

Mr.  Jarman  moved  that  Proposal  No.  374,  as  amended,  be  not 
adopted. 


1920.]  COMMITTEE   OP  THE    WHOLE.  107 

And  the  motion  prevailed. 

At  the  hour  of  12:43  o'clock  p.  m.,   Mr.  Eevell  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 
And  the  motion  prevailed. 


108  JOURNAL   OF   THE  [Jime    29, 


TUESDAY,  JUNE  29,  1920. 

At  the  hour  of  4~:02  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  Committee  of  the  Whole,  having  heretofore  had  under  discus- 
sion, on  this  day,  the  consideration  of  Proposal  No.  374,  the  same  was 
again  taken  up. 

And  the  vote  by  which  the  Proposal,  as  a  whole,  was  not  adopted 
was,  by  unanimous  consent,  deemed  reconsidered. 

Whereupon  Mr.  Dupee  moved  that  section  8,  thereof,  as  amended,  be 
reported  to  the  Convention. 

And  the  motion  prevailed. 

Mr.  Todd  moved  that  section  5  thereof,  be  reported  to  the  Conven- 
tion. 

And  the  motion  prevailed. 

At  the  hour  of  4:30  o'clock  p.  m.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COM'Ml'LTKE    OK    Tl  I  K    AVIIOI.K.  109 


TUESDAY,  JUNE  29,  1920. 

At  the  hour  of  4 :35  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Rinaker,  Chairman  of  the  Committee  on  Bill  of  Eights,  pre- 
siding. 

The  Committee  of  the  Whole,  having  heretofore  had  under  discus- 
sion, on  June  25,  the  consideration  of  Proposal  No.  376,  the  same  was 
again  taken  up. 

Whereupon,  Mr.  Mills  moved  that  consideration  of  section  3  he 
further  postponed. 

And  the  motion  prevailed. 

Section  5  being  taken  up. 

Mr.  Corlett  offered  the  following  as  a  substitute  for  section  5  and 
moved  its  adoption: 

The  right  of  trail  by  jury  shall  remain  inviolate,  but  may  be  waived 
in  all  but  capital  cases. 

The  trial  of  civil  cases  by  a  jury  of  less  than  twelve  may  be  authorized 
by  law. 

Women  shall  be  eligible  to  jury  service,  but  shall  not  be  required  to 
serve. 

A  division  of  the  question  being  requested  by  Mr.  Jarman,  a  vote 
was  first  taken  on  the  following  portion : 

The  right  of  trail  by  jury  shall  remain  inviolate,  but  may  be  waived 
in  all  but  capital  cases." 

Mr.  Carlstrom  moved  that  the  first  portion  of  the  substitute  for 
section  5  be  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows:  Yeas, 
18;  nays,  37. 

And  the  motion  was  lost. 

The  second  portion  was  then  taken  up,  which  portion  is  as  follows : 

The  trial  of  civil  cases  by  a  jury  of  less  than  twelve  may  be  authorized 
by  law." 

Mr.  Corlett  moved  that  the  second  portion  be  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows : 
Yeas,  22;  nays,  40. 

And  the  motion  was  lost. 

The  third  portion  was  next  taken  up,  which  portion  is  as  follows : 

Women  shall  be  eligible  to  jury  service,  but  shall  not  be  required  to 
serve. 

Mr.  Sutherland  moved  to  amend  by  striking  out  the  entire  portion 
and  inserting  in  lieu  thereof  the  words  "Women  may  be  eligible  to  jury 
service." 

Pending  discussion,  Mr.  Sutherland  withdrew  his  amendment. 

Mr.  Dimlap  moved  to  amend  by  striking  out  the  third  portion,  which 
motion  was  ruled  out  of  order  by  the  Chair. 


110  JOURNAL  or  THE  [June  29, 

Mr.  Kerrick  moved  to  amend  the  third  portion  to  read  as  follows: 
"Women  shall  be  permitted  to  serve  upon  juries." 

Mr.  Jarinan  moved  to  amend  by  inserting  the  word  "not"  after  thA 
word  "shall"  in  the  amendment  offered  by  Mr.  Kerrick. 

Mr.  Barr  raised  the  point  of  order  that  the  amendment  of  Mr. 
Jarman  was  out  of  order. 

And  the  Chair  ruled  the  point  well  taken. 

The  question  then  being  on  the  adoption  of  the  amendment  offered 
by  Mr.  Kerrick,  it  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  the  third  portion  of  the 
substitute  offered  by  Mr.  Corlett,  a  division  was  had  resulting  as  follows : 
Yeas,  27;  nays,  20. 

And  the  third  portion  of  the  substitute  was  adopted. 

At  the  hour  of  6 :55  o'clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF   THE    AVHOLE.  HI 


WEDNESDAY,  JUNE  30,  1920. 

At  the  hour  of  10 :20  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Rinaker,  Chairman  of  the  Committee  on  Bill  of  Rights,  pre- 
siding. 

The  Committee  of  the  Whole,  having  heretofore  had  under  discus- 
sion, on  yesterday,  the  consideration  of  Proposal  No.  376,  the  same  was 
again  taken  up. 

The  pending  question  being  the  consideration  of  section  5. 

Mr.  Dietz  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  1. 

Amend  section  5  by  striking  out  in  line  4,  the  words  "and  less  than  an 
unanimous  verdict  in  civil  cases". 

Pending  discussion,  Mr.  W.  A.  Johnson  -raised  the  point  of  order 
that  the  amendment  was  not  in  order  for  the  reason  that  it  embraced  the 
same  subject  matter  as  that  considered  on  yesterday  in  the  rejection  of 
tlie  second  portion  of  Mr.  Corlett's  substitute. 

The  point  of  order  being  sustained  by  the  Chair. 

Mr.  Dunlap  moved  to  reconsider  the  vote  by  which  the  second  por- 
tion of  Mr.  Corlett's  substitute  was  rejected. 

And  the  motion  prevailed. 

Mr.  Corlett,  thereupon,  by  unanimous  consent.,  withdrew  the  second 
portion  of  his  substitute  in  order  that  the  amendment  of  Mr.  Diet:? 
might  be  considered. 

The  question  then  being  on  the  adoption  of  Amendment  No.  1,  it 
was  decided  in  the  affirmative. 

Mr.  Gee  moved  that  section  5  be  stricken  out  and  that  section  5  of 
the  Constitution  of  187£)  be  substituted  in  lieu  thereof. 

Pending  discussion,  Mr.  Jarman  moved  to  amend  the  substitute 
offered  by  Mr.  Gee  by  adding  at  the  end  thereof  the  following,  "But 
women  shall  not  be  eligible  to  jury  service." 

And  the  amendment  to  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  for  section 
5,  offered  by  Mr.  Gee,  a  division  was  had  resulting  as  follows :  Yeas,  22  ; 
nays,  41. 

And  the  substitute  was  lost. 

Mr.  Dietz  moved  that  section  5,  as  amended,  be  adopted. 

Pending  consideration.  Mr.  Dunlap  moved  to  strike  out  the  last 
clause  of  section  5,  as  amended. 

And  the  motion  was  lost. 

The  question  recurring  on  the  motion  of  Mr.  Dietz  that  section  5, 
as  amended,  be  adopted,  it  was  decided  in  the  affirmative. 


112  JOURNAL   OF   THE  [Julie    30, 

Section  3  being  taken  up  and  read. 

Mr.  Mills  moved  its  adoption. 

Pending  discussion,  Mr.  Sutherland  moved  that  debate  be  now 
closed  and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  3,  a  division  was 
had  resulting  as  follows:  Yeas,  48;  nays,  18. 

And  section  3  was  adopted. 

Section  8  being  taken  up- and  read. 

Mr.  Shuey  offered  the  following  as  a  substitute  and  moved  its 
adoption : 

AMENDMENT  No.  2. 

No  person  shall  be  held  to  answer  for  a  criminal  offense,  unless  on  in- 
dictment of  a  grand  jury,  except  in  cases  in  which  the  punishment  is  by 
fine,  or  imprisonment  otherwise  than  in  the  penitentiary,  in  cases  of  im- 
peachment, and  in  cases  arising  in  the  army  and  navy,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger.  A  full  panel  of  the 
grand  jury  shall  consist  of  fifteen  persons,  and  in  finding  a  bill  of  in- 
dictment at  least  eleven  of  the  grand  jury  shall  be  present  and  agree  to 
the  finding. 

Pending  discussion.,  Mr.  Green  offered  the  following  amendment  to 
the  substitute  which  said  amendment  was  accepted  by  Mr.  Shuey  in  lieu 
of  his  substitute,  to-wit: 

"No  person  shall  be  held  to  answer  for  a  criminal  offense,  unless  on 
indictment  of  a  grand  jury,  except  upon  written  waiver  of  indictment  being 
filed  by  the  defendant,  and  except  in  cases  in  which  the  punishment  is  by 
fine  or  by  imprisonment  otherwise  than  in  the  penitentiary,  in  cases  of 
impeachment,  and  in  cases  a  rising  in  the  army  and  navy,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger;  a  full  panel  of 
the  grand  jury  shall  consist  of  fifteen  persons  and  in  finding  a  bill  of  in- 
dictment at  least  eleven  of  the  grand  jury  shall  be  present  and  agree  to  the 
finding." 

Pending  discussion,  Mr.  Davis  moved  that  debate  be  now  closed  and 
that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed.     • 

The  question  then  being  on  the  adoption  of  the  amendment  offered 
by  Mr.  Green  and  accepted. by  Mr.  Shuey,  a  division  was  had  resulting 
as  follows:  Yeas,  24;  nays,  35. 

And  the  amendment  was  lost. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  3. 

Amend  section  8  by  inserting  after  the  word  "of"  in  line  3  the  letter 
"a"  and  after  the  word  "court"  in  line  3  the  words  "of  record". 

And  the  amendment  was  adopted. 

There  being  no  further  amendments  section  8,  as  amended,  was,  on 
•motion  of  Mr.  Davis,  adopted. 

Section  9  being  taken  up  and  read. 

Mr.  Gee  offered  the  following  amendment  and  moved  its  adoption: 


1920.]  COMMITTEE   OF   THE   WHOLE.  113 

AMENDMENT  No.  4. 

Amend  section  9  of  Article  2,  after  word  "committed"  line  7  by  adding: 
"Provision  may  be  made  by  law,  for  taking  deposition  of  a  non-resident 
witness,  in  criminal  cases,  other  than  a  homicide  case,  by  the  State  or  the 
accusses  to  be  used  for  or  against  the  accusses." 

And  the  amendment  was  lost. 

There  being  no  further  amendments,  section  9  was,  on  motion  of 
Mr.  Lindly,  adopted. 

Section  10  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Bevell,  adopted. 

Section  13  being  taken  up  and  read. 

Mr.  Charles  Woodward  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  5. 

Amend  section  13  by  adding  at  the  end  of  said  section  after  the  word 
"excess"  the  words  "or  any  part  thereof". 

And  the  amendment  was  adopted. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  6. 

Amend  by  inserting  after  the  word  "sell"  in  line  eleven  the  word 
"encumber." 

And  the  amendment  was  lost. 

Mr.  Dupee  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  7. 

Amend  section  13  by  adding  in  line  eleven  after  the  word  "improve- 
ment" the  following:  "but  in  no  event  more  than  will  be  sufficient  to  form 
suitable  building  lots  abutting  upon  the  same." 

Pending  consideration,  by  unanimous  consent,  Mr.  Dupee  withdrew 
Amendment  No.  7. 

Whereupon  Mr.  Morris  offered  the  following  as  a  substitute  for  the 
last  portion  of  section  13  beginning  with  the  last  two  words  in  line  six 
as  follows: 

AMENDMENT  i-o.  8. 

The  General  Assembly  may  authorize  the  State  or  any  county,  city, 
village  or  incorporated  town  to  take  in  furtherance  of  any  public  improve- 
ment, by  and  with  the  approval  of  the  court  as  to  the  necessity  for  such 
taking  and  the  quantity  to  be  taken,  a  reasonable  quantity  of  land  in  excess 
of  that  which  is  actually  to  be  occupied  by  the  improvement,  but  only  to 
the  extent  necessary  to  avoid  leaving  fragmentary  tracts  as  a  result  of  such 
improvement,  such  excess  taking  to  be  in  fee  simple,  and  to  hold,  sell  or 
lease  such  excess. 

Pending  discussion,  Mr.  Miller  offered  the  following  amendment  to 
the  substitute  and  moved  its  adoption: 

Amend  the  substitute  by  striking  out  the  words  "but  only  to  the  extent 
necessary  to  avoid  leaving  fragmentary  tracts  as  a  result  of  such  improve- 
ment" and  inserting  in  lieu  thereof  the  following:     "but  only  to  the  extent 
of  fragmentary  tracts". 
— 8  C  W 


114  JOURNAL  or  THE  [June  30, 

And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  offered  by 
Mr.  Morris,  a  division  was  had  resulting  as  follows :  Yeas,  23 ;  nays,  37. 

And  the  substitute  was  lost. 

There  being  no  further  amendments  section  13,  as  amended  was,  on 
motion  of  Mr.  Eevell,  adopted. 

Section  14  being  taken  up  and  read. 

Mr.  Carlstrom  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  9. 

Amend  section  14  by  adding  in  line  one  after  the  word  "contracts"  the 
words  "including  municipal  contracts,  franchises  and  licenses". 

The  question  being  on  the  adoption  of  the  amendment  a  division 
was  had  resulting  as  follows:  Yeas,  25;  nays,  34. 

And  the  amendment  was  lost. 

There  being  no  further  amendments  section  14  was,  on  motion  of 
Mr.  Lindly,  adopted. 

Section  17  being  taken  up  and  read. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption  : 

AMENDMENT  No.  10. 

Amend  section  17  by  striking  out  in  lines  one  and  two  the  words 
"except  as  may  be  modified  by  other  provisions  of  this  Constitution". 

Pending  discussion,  Mr.  Mills  offered  the  following  as  a  substitute 
for  section  17  and  the  pending  amendment,  to-wit: 

All  elections  shall  be  free,  equal  and  honest,  and  the  General  Assembly 
shall  provide  by  law  for  the  secrecy  of  every  legal  ballot,  and  for  the  de- 
tection and  rejection  of  every  illegal  ballot  cast  at  all  general  and  special 
elections  in  the  State  of  Illinois,  and  shall  also  provide  by  law  for  the  dis- 
franchisement  of  every1  election  officer  o.r  other  person  found  guHty  of 
violating  any  of  the  election  laws  of  the  State  of  Illinois.  The  election 
franchise  may  be  exercised  by  both  men  and  women  citizens. 

The  question  being  on  the  adoption  of  the  substitute  it  was  decided 
in  the  negative. 

The  question  recurring  on  the  adoption  of  Amendment  Xo.  10. 

It  was  decided  in  the  affirmative. 

Mr.  Hamill  moved  to  amend  section  17  by  striking  out  the  words 
"and  the  elective  franchise  may  be  exercised  by  both  men  and  women 
citizens." 

And  the  motion  prevailed. 

Whereupon  Mr.  Green  moved  that  section  18  of  the  present  Consti- 
tution be  submitted  for  the  amended  section  17  of  the  Committee*? 
report. 

And  the  motion  prevailed. 

On  motion  of  Mr.  Lindly  section  17,  as  amended,  was  adopted. 

Section  19  being  taken  up  and  read. 

Mr.  Hamill  moved  to  amend  by  striking  out  of  lines  four  and  five 
the  words  "the  State  is  and  shall  ever  remain  representative  in  its  system 
of  government  and  not  a  pure  democracy  " 


1920.]  COMMITTEE    OF   THE    WHOLE.  115 

And  the  motion  prevailed. 

Mr.  Hamill  moved  to  further  amend  by  striking  out  of  lines  two. 
three,  and  four  the  words  "the  .Republican  form  of  government  shall 
never  be  abandoned,  modified  or  impaired  Avithin  this  State." 

And  on  that  motion  a  division  was  had  resulting  as  follows :  Yeas, 
17;  nays,  4. 

And  the  motion  was  lost. 

Mr.  Lindly  thereupon  moved  that  section  19,  as  amended,  be 
adopted. 

And  the  motion  prevailed. 

Section  20  being  taken  up  and  read. 

Mr.  Fifer  moved  to  amend  by  striking  out  the  entire  section. 

And  the  motion  prevailed. 

At  the  hour  of  6 :12  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Com- 
mittee do  now  arise,  repo/t  progress,  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


116  JOURNAL    OF    Til  1C  [July    1, 


THURSDAY,  JULY  1,  1920. 

At  the  hour  of  9  :30  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  further  considering  reports  from 
the  Committee  on  Bill  of  Rights,  being  Proposals  numbered  129,  136, 
and  282. 

Mr.  Rinaker,  Chairman  of  the  Committee  on  Bill  of  Rights,  pre- 
siding. 

Proposal  No.  129  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Davis  moved  that  further  consideration  of  Proposal 
No.  129  be  postponed. 

And  the  motion  prevailed. 

Proposal  No.  136  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Morris  moved  the  adoption  of  section  1. 

Pending  consideration,  Mr.  Gee  offered  the  following  amendment 
and  moved  its  adoption: 

AMENDMENT  No.  1. 

Amend  Proposal  No.  136,  by  striking  out  in  line  four  the  words  "doing 
anything"  and  inserting  in  lieu  thereof  the  words  "any  legal  right". 

And  the  amendment  was  lost. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its' 
adoption : 

•     AMENDMENT  No.  2. 

Amend  Proposal  No.  136,  by  striking  out  the  word  "person"  where  it 
appears  in  lines  3  and  4  and  substituting  in  lieu  thereof  the  word  "citizen" 
and  by  adding  after  the  word  "anything"  in  line  4  the  following  words 
"that  any  other  citizen  may  do". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  the  section,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Sutherland,  thereupon,  moved  that  Proposal  No.  136,  as 
amended,  be  adopted. 

And  the  motion  prevailed. 

Proposal  No.  282  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Green  moved  that  the  Committee  of  the  Whole 
concur  in  the  report  of  the  Committee  on  Bill  of  Rights  recommending 
the  rejection  of  the  Proposal. 

And  the  motion  prevailed. 

Mr.  Revell  moved  that  the  sections  adoption  of  Proposal  No.  376 
and  the  section  adopted  of  Proposal  No.  136  be  now  consolidated  and 
adopted  as  a  whole. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OP   THE   WHOLE.  117 

Mr.  Green  moved  that  Proposal  No.  376,  as  amended,  be  reported 
to  the  Convention  with  the  recommendation  that  it  do  pass. 

And  the  motion  prevailed. 

At  the  hour  of  10 :55  o'clock  a.  m.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


118  JOURNAL   OF    THE  |J»ly    1, 


THURSDAY,  JULY  1,  1920. 

At  the  hour  of  11:00  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  the  report  from  the 
Committee  on  Public  Works  and  Improvements.,  being  Proposal  No.  377. 

Mr.  Lindly,  Chairman  of  the  Committee  on  Public  Works  and  Im- 
provements, presiding. 

Proposal  ISTo.  377  was  taken  up  and  read  at  large  and  considered 
section  by  section  as  follows : 

Section  1  being  taken  up  and  read. 

Mr.  Jarman  moved  its  adoption. 

Pending  discussion,  Mr.  Davis  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  on  that  motion  a  division  was  had  resulting  as  follows : 
Yeas,  26;  nays,  21. 

The  motion  not  having  received  a  two-thirds  vote  was  declared  lost. 
*******>;• 

The  question  being  on  the  adoption  of  section  1  it  was  decided  in 
the  affirmative. 

At  the  hour  of  1 :05  o'clock  p.  m.,  Mr.  Shanahan  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE   WHOLE.  119 


THURSDAY,  JULY  1,  1920. 

At  the  hour  of  8  :02  o'clock  p.  m..,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Lindly,  Chairman  of  the  Committee  on  Public  Works  and  Im- 
provements, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  on  this  clay,  had 
under  discussion  the  consideration  of  the  report  from  the  Committee  on 
Public  Works  and  Improvements,  being  Proposal  No.  377,  the  same 
was  again  taken  up. 

And  section  2  being  read,  Mr.  Wilson  moved  its  adoption. 

Pending  discussion,  at  the  hour  of  10  :40  o'clock  p.  m.,  Mr.  Gale 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


120  JOURNAL   OF    THE  [July    6, 


TUESDAY,  JULY  6,  1920. 

At  the  hour  of  10  :25  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Lindly,  Chairman  of  the  Committee  on  Public  Works  and 
Improvements,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  on  July  1,  had 
under  discussion  the  consideration  of  the  report  from  the  Committee 
on  Public  Works  and  Improvements,  being  Proposal  No.  377,  the  same 
was  again  taken  up. 

And  the  pending  question  being  the  motion  of  Mr.  Wilson  to  adopt 
section  2. 

Mr.  Hull  moved  to  amend  the  motion  to  read  "That  section  2  be 
adopted  with  the  recommendation  to  the  Convention  that  this  section  be 
submitted  separately  to  the  people." 

Whereupon  Mr.  Jarman  offered  the  following  as  a  substitute  for 
section  2  and  moved  its  adoption : 

The  General  Assembly  shall  never  made  either  additional  appropriations 
or  authorize  bonds  to  be  issued  and  sold  for  the  construction,  maintenance, 
operation,  extention,  enlargement  or  equipment  of  the  Illinois  Waterway  or 
its  appurtenances,  in  addition  to  the  bonds  heretofore  authorized,  except 
as  otherwise  provided  in  section  3  of  this  Article,  unless  the  law  making 
such  appropriation  or  authorizing  such  bonds  shall  first  be  submitted  to  a 
vote  of  the  people  of  the  State  at  a  general  election  and  have  been  ap- 
proved by  a  majority  of  all  the  votes  polled  at  such  election. 

Pending  discussion,  Mr.  Paddock  moved  that  debate  be  now  closed 
and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  being  on  the  adoption  of  the  substitute  offered  by  Mr. 
Jarman  for  section  2,  a  division  was  had  resulting  as  follows:  Yeas, 
26;  nays,  35. 

And  the  substitute  was  lost. 

The  question  then  being  on  the  adoption  of  the  amendment  offered 
by  Mr.  Hull  to  the  motion  of  Mr.  Wilson  that  section  2  be  adopted. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  motion  of  Mr.  Wilson  that  section  2 
be  adopted,  a  division  was  had  resulting  as  follows :  Yeas,  44 ;  nays,  20. 

And  section  2  was  adopted. 

Section  3  being  taken  up  and  read  and  no  amendments  being  offered 
was,  on  motion  of  Mr.  Ireland,  adopted. 

Section  4  being  taken  up  and  read,  Mr.  "Revell  moved  its  adoption. 

Mr.  Six  offered  the  following  amendment  and  moved  its  adoption: 


1920.]  COMMITTEE   OF   THE   WHOLE.  121 

AMENDMENT  No.  1. 

Amend  section  4  by  inserting  after  the  word  "State"  in  line  3  the  words 
"at  a  general  election". 

And  the  amendment  was  adopted. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  2. 

Amend  section  4  by  striking  out  in  line  2  the  words  "except  as  provided 
herein". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  5  being  taken  up  and  read,  Mr.  Scanlan  moved  its  adoption. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  3. 

Amend  section  5  by  striking  out  in  line  2  the  words  "for  purposes  of 
transportation  or". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  6  being  taken  up  and  read. 

Mr.  Einaker  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4. 

Amend  section  6  by  striking  out  in  line  2,  the  words  "for  the  mainten- 
ance and  preservation  thereof",  and  in  lines  3  the  words  "any  fund  other 
than". 

And  the  amendment  was  adopted. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  5. 

Amend  section  6  by  adding  at  the  end  thereof  the  following:  Otherwise 
than  as  in  this  Article  provided,  the  General  Assembly  shall  never  loan  the 
credit  of  the  State  or  make  appropriations  from  the  treasury  thereof,  in 
aid  of  canals. 

Arid  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  7  being  taken  up  and  read. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  6. 

Amend  section  7  by  adding  after  the  word  "power"  in  line  1  the  words 
"or  railway  or  terminal  purposes". 

And  the  amendment  was  adopted. 

Mr.  Six  offered  the  following  amendment  and  moved  its  adoption: 


122  JOURNAL   OP   THE  [July    G, 

AMENDMENT  No.  7. 

Amend  section  7  by  adding  at  the  end  thereof  the  following:  "After  the 
expiration  of  any  lease  or  revaluation  period  the  State  shall  have  the  right 
to  retake  the  property  for  itself  or  for  a  new  lessee,  upon  the  payment  of 
a  fair,  just  and  sufficient  compensation  for  the  property,  and  for  all  de- 
pendent property  if  taken, 'and  if  the  dependent  property  is  not  taken,  then 
fair,  just  and. sufficient  compensation,  be  paid  for  all  severance  damages. 
Provision  may  be  made  that  old  lessee  shall  have  priority  over  any  new 
lessee." 

The  question  being  on  «the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  17;  nays,  32. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended,  it 
was  decided  in  tlie  affirmative. 

Pending  discussion,  Mr.  Jannan  offered  the  following  amendment 
and  moved  its  adoption : 

AMENDMENT  No.  8. 

Amend  Proposal  No.  377  by  adding  the  following  as  a  new  section 
to  be  known  as  section  8. 

The  State  shall  be  liable  for  all  damages  to  real  estate,  crops  or  timber 
which  shall  be  overflowed  or  otherwise  damaged  by  or  from  the  water 
caused  to  flow  through  such  waterway,  and  no  statutes  of  limitations  shall 
bar  the  recovery  of  such  damages. 

The  question  being  on  the  adoption  of  Amendment  Xo.  8,  a  division 
was  had  resulting  as  follows:  Yeas,  24;  nays,  34. 

And  the  amendment  was  lost. 

Mr.  'Revel  1  moved  that  Proposal  No.  377,  as  amended,  be  adopted 
as  a  whole. 

And  the  motion  prevailed. 

At  the  hour  of  4 :20  o'clock  p.  m.,  Mr.  Hamill  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WHOLE. 


TUESDAY,  NOVEMBER  9,  1920. 

At  the  hour  of  10:10  o'clock  a.  in.,  the  Convention  went  into  Coin-- 
in ittee  of  the  Whole  for  the  consideration  of  the  three  reports  from  the 
Committee  on  Revenue,  Taxation  and  Finance,  being  Proposals  num- 
bered 378,  380  and  381. 

Mr.  Gale,  Chairman  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  several  reports  having  been  read  at  large,  were  taken  up  for 
consideration  section  by  section. 

Whereupon  Mr.  Gale  called  Mr.  Whitman  to  the  chair  and  there- 
upon presented,  on  behalf  of  a  majority  of  the  Committee  on  Revenue, 
Taxation  and  Finance  the  following  in  lieu  of  section  1  of  the  Majority 
Report  which  was,  by  unanimous/consent,  accepted : 

Section  1.  The  power  of  taxum  shall  never  be  surrendered,  suspended, 
or  contracted  away.  All  taxes  shall  be  levied  and  collected  under  general 
law  and  for  public  purposes  only.  The  general  assembly  shall  provide  for 
the  levy  of  taxes  upon  property,  by  valuation,  so  that,  every  persons  and 
corporation  shall  pay  a  tax  in  proportion  to  the  value  of  his,  her  of  its  prop- 
erty; such  value  to  be  ascertained  by  some  person  or  persons  to  be  elected 
or  appointed  in  such  manner  as  the  general  assembly  shall  direct,  and  not 
otherwise;  but  the  general  assembly  shall  have  power  to  tax  money,  notes, 
stocks,  securities,  royalties,  bonds,  credits,  participations  in  profits  or  prop- 
erty, and  evidence  of  indebtedness,  or  any  one  or  more  of  such  classes  of 
property,  at  such  rates  and  in  such  manner  uniform  as  to  each'  class  as 
may  be  provided  by  general  law.  Taxes  may  be  levied  also  on  income;  if 
the  income  tax  tie  graduated  and  progressive,  the  highest  rate  shall  not  ex- 
ceed six  times  the  lowest  rate;  and  not  exceeding  $500.00  to  a  person  not 
the  head  of  a  family  whose  net  income  is  less  than  $1,000.00  and  not  exceed- 
ing $1,000.00  to  the  head  of  a  family  whose  total  net  income  is  less  than 
$2,000.00  may  be  exempted  from  income  tax.  Taxes  levied  by  valuation  upon 
property  in  this  State  and  paid  shall  be  deducted  from  the  tax  on  income  de- 
rived therefrom  by  the  person  or  corporation  paying  such  property  tax.  The 
general  assembly  may  provide  that  the  tax  on  income  derive  from  any  person- 
al property  shall  be  substituted  for,  and  be  in  lieu  of,  the  property  tax  thereon, 
but  in  such  case  the  rate  of  income  tax  so  substituted  shall  be  uniform  and 
substantial  and  there  -shall  be  no  exemptions  therefrom,  except  as  provided 
in  section  3  of  this  Article.  Taxes  may  also  be  levied  on  privileges,  franchises 
and  occupations  uniform  as  to  class. 

Mr.  Kerrick  moved  that  the  Minority  Report  of  the  Committee  on 
Revenue,  Taxation  and  Finance,  being  Proposal  ISTo.  380,  be  substituted 
for  section  1  of  the  Majority  Report. 

Pending  discussion  of  the  motion. 

At  the  hour  of  5:30  o'clock  p.  in.,  Mr.  Corcoran  moved  that;  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  was  lost. 


124  JOURNAL   OF   THE  [Nov.    9, 

Pending  further  discussion,  at  the  hour  of  5  :40  o'clock  p.  m.,  Mr. 
Dunlap  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

On  that  motion  a  division  was  had  resulting  as  follows:  Yeas,  42; 
nays,  22. 

And  the  motion  prevailed. 


1930.]  COMMITTEE   OF   THE    WHOLE.  125 


WEDNESDAY,  NOVEMBER  10,  1920. 

At  the  hour  of  9  :05  o'clock  a.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Gale,  Chairman  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion on  yesterday,  the  consideration  of  the  three  reports  from  the  Com- 
mittee on  Revenue,  Taxation  and  Finance,  being  Proposals  numbered 
378,  380  and  381,  the  same  were  again  taken  up. 

Whereupon  Mr.  Gale  requested  Mr.  Whitman  to  take  the  chair. 

The  pending  question  being  on  the  motion  of  Mr.  Kerrick  to  sub- 
stitute the  Minority  Report,  being  Proposal  No.  380,  for  section  1  of 
the  Majority  Report,  as  amended. 

A  division  was  had  resulting  as  follows:     Yeas,  21;  nays,  40. 

And  the  motion  was  lost. 

Mr.  Shuey  presented  the  following  in  lieu  of  the  Minority  Report, 
being  Proposal  No.  381,  heretofore  submitted  by  him,  which  was,  by 
unanimous  consent,  accepted: 

The  General  Assembly  shall  have  power  to  levy  taxes  by  valuation  on 
all  property  in  this  state  uniform  as  to  persons  and  property  without  dis- 
crimination. 

Or  the  General  Assembly  shall  have  power  to  levy  taxes  without  dis- 
crimination as  to  persons  or  property  according  to  valuation  on  all  real 
estate  and  tangible  personal  property;  and  in  lieu  of  all  taxes  on  intangible 
personal  property,  the  General  Assembly  shall  have  power  (and  in  case  no 
other  taxes  are  levied  on  intangible  personal  property,  the  General  Assembly 
shall)  levy  an  income  tax'  at  a  rate  to  be  determined  by  the  General  As- 
sembly, on  all  incomes,  subject  to  deductions  hereinafter  provided. 

In  the  event  that  the  General  Assembly,  by  virtue  of  the  foregoing 
provision,  levy  an  income  tax  in  accordance  therewith  the  General  Assembly 
shall  provide  that  tax-payer  paying  ad  valorem  taxes,  shall  return  his  entire 
income,  including  income  arising  out  of  property  subject  to  ad  valorem  taxes, 
and  that  such  tax-payer  may  deduct  the  amount  of  ad  valorem  taxes  he  is 
required  to  pay  from  that  part  of  his  income  taxes  computed  on  income 
arising  out  of  property,  upon  which  he  is  required  to  pay  ad  valorem  taxes. 

The  General  Assembly  shall  also  have  power  to  impose  taxes  upon 
franchises,  privileges  and  occupations  by  general  law,  uniform  as  to  the 
class  upon  which  it  operates. 

The  income  tax  may  be  graduated  and  progressive,  but  the  highest  rate 
shall  not  exceed  six  times  the  lowest  rate;  and  not  exceeding  Five  Hundred 
Dollars  to  a  person  not  the  head  of  a  family  whose  total  net  income  is 
less  than  One  Thousand  Dollars,  and  not  exceeding  One  Thousand  Dollars 
to  the  head  of  a  family  whose  total  net  income  is  less  than  Two  Thousand 
Dollars  may  be  exempted  from  income  taxes. 

The  term  intangible  shall  be  construed-  to  include  money  on  hands, 
on  deposits,  or  at  interest,  bonds,  shares  of  stock,  notes  and  choses  in  action. 

No  dividend  paid  by  corporations  to  stockholders  shall  be  listed  as  income 
where  the  corporation  has  been  required  to  list  its  income  for  taxation. 


126  JOURNAL    OF    THE  [Nov.    10, 

The  General  Assembly  shall  have  power  to  impose  ad  valorem  taxes  on 
all  intangible  property  within  this  State,  owned  by  any  person  or  corporation 
not  paying  income  taxes  in  this  State. 

If  any  income  tax  is  levied  against  a  corporation  wihch  pays  a  certain 
part  of  its  gross  income  to  the  State  in  lieu  of  taxes,  any  such  payment  may 
be  deducted  from  its  income  tax.  But  such  deduction  shall  only  be  made 
from  tax  upon  income  arising  out  of  that  part,  of  the  property  of  such 
corporation  which  contributes  to  the  gross  income  upon  which  is  calculated 
the  persentage  paid  to  the  State. 

The  income  tax  shall  be  a  substantial  tax  and  shall  approximate  the  ad 
valorem  tax  burden. 

Mr.  Shuey  moved  that  the  Minority  Beport,  being  Proposal  No.  381, 
as  amended,  be  adopted  in  lieu  of  section  1  of  the  Majority  Eeport,  as 
amended. 

Pending  consideration,  at  the  hour  of  12  :30  o'clock  p.  m.,  Mr.  Davis 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE  OF   THE   WHOLE.  127 


WEDNESDAY,  NOVEMBER  10,  1920. 

At  the  hour  of  2  :03  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole,  having,  heretofore,  had  under  discus- 
sion, on  this  day,  the  consideration  of  the  reports  from  the  Committee  on 
Revenue,  Taxation  and  Finance,  the  same  were  again  taken  up. 

The  pending  question  being  the  motion  of  Mr.  Shuey,  that  the 
Minority  Report,  being  Proposal  No.  381, -as  amended,  be  adopted  in 
lieu  of  section  1  of  the  Majority  Report,  as  amended. 

It  was  decided  in  the  negative. 

Mr.  Gale,  thereupon,  moved  that  section  1  of  the  Majority  Report, 
as  amended,  be  adopted. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  1. 

Amend  section  1  of  Proposal  No.  378  by  striking  out  of  lines  9,  10,  11, 
12,  13  and  14  the  following;  "but  the  General  Assembly  shall  have  power 
to  tax  money,  notes,  stocks,  securities,  royalties,  bonds,  credits,  participations 
in  profits  or  property,  and  evidences  of  indebtedness,  or  any  or  more  of  such 
classes  of  property,  at  such  rates  and  in  such  manner  uniform  as  to  each 
class  as  may  be  provided  by  general  law." 

Mr.  Taff  moved  to  lay  the  amendment  on  the  table. 

Whereupon,  Mr.  Dunlap  raised  the  point  of  order  that  a  motion  to 
table  in  Committee  of  the  Whole  was  not  in  order. 

The  Chair  held  the  point  of  order  not  well  taken. 

The  question  then  being  on  the  motion  to  table,  a  division  was  had 
resulting  as  follows:  Yeas,  33;  nays,  21. 

And  the  motion  prevailed. 

Mr.  Mack  offered  the  following  as  a  substitute  for  section  1  of  the 
Majority  Report,  as  amended,  and  moved  its  adoption: 

Section  1.  The  power  of  taxation  shall  never  be  surrendered,  suspended 
or  contracted  away.  All  taxes  shall  be  levied  and  collected  under  general  law 
and  for  public  purposes  only.  The  General  Assembly  shall  provide  for  the 
levy  of  taxes  upon  real  property  and  tangible  personal  property  by  valua- 
tion, so  that  every  person  and  corporation  shall  pay  a  tax  in;  proportion 
to  the  value  of  his,  her  or  its  real  property  and  tangible  personal  property, 
such  value  to  be  ascertained  by  some  person  or  persons  to  be  elected  or 
appointed  in  such  manner  as  the  General  Assembly  shall  direct  and  not 
otherwise.  Taxes  shall  be  levied  also  on  all  incomes  at  a  uniform  rate,  and 
not  exceeding  $500.00  to  a  person  not  the  head  of  a  family  whose  total  net 
income  is  less  than  $1,000.00  and  not  exceeding  $1,000.00  to  the  head  of  a 
family  whose  total  net  income  is  less  than  $2,000.00  may  be  exempted  from 
income  tax.  Taxes  levied  by  valuation  upon  property  in  this  State  and 


128  JOURNAL   OF   THE  [N"ov.    10, 

paid  shall  be  deducted  from  the  tax  on  income  derived  therefrom  by  the 
person  or  corporation  paying  such  property  tax.  The  tax  on  income  derived 
from  intangible  property;  shall  be  in  lieu  of  any  property  tax  thereon. 
Taxes  may  also  be  levied  on  privileges,  franchises  and  occupations  uniform 
as  to  class.  The  income  tax  on  intangible  property  shall  be  real  and  sub- 
stantial. 

Pending  consideration,  at  the  hour  of  5 :00  o'clock  p.  m.,  Mr. 
Dunlap  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  was  lost. 

The  question  recurring *pn  the  adoption  of  the  substitute  for  section 
1  of  the  Majority  Report  offered  by  Mr.  Mack. 

Mr.  Miller  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption : 

Insert  in  line  10  of  the  substitute  for  section  1,  after  the  word  "other- 
wise" the  following  words  "but  the  General  Assembly  shall  have  power  to 
tax  money,  notes,  stocks,  securities,  royalties,  bonds,  credits,  participations 
in  profits  or  property,  and  evidences  of  indebtedness,  or  any  one  or  more 
of  such  classes  of  property,  at  such  rates  and  in  such  manner  uniform  as 
to  each  class  as  may  be  provided  by  general  law." 

Pending  consideration,,  at  the  hour  of  5 :30  o'clock  p.  m.,  Mr. 
Hamill  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE   WHOLE.  129 


THURSDAY,  NOVEMBER  11,  1920. 

At  the  hour  of  2  :20  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  yesterday,  the  consideration  of  the  reports  from  the  Committee 
on  Revenue,  Taxation  and  Finance,  the  same  were  again  taken  up. 

The  pending  question  at  the  conclusion  of  the  sitting  of  the  Com- 
mittee of  the  Whole  on  yesterday  being  the  adoption  of  the  amendment 
of  Mr.  Miller  to  the  substitute  for  section  1  of  Proposal  No.  378  offered 
by  Mr.  Mack. 

And  the  same,  together  with  section  1  of  said  Proposal,  having  been 
recalled  by  the  Convention  from  the  Committee  of  the  Whole,  on  this 
day,  recommitted  to  the  Committee  on  Revenue,  Taxation  and  Finance 
and  by  them  reported  back  to  the  Convention  and  again  placed  on  the 
General  Orders,  was  taken  up. 

Whereupon  Mr.  Gale  moved  that  the  report  of  the  Committee  on 
Revenue,  Taxation  and  Finance  on  matters  recommitted  to  it,  in  refer- 
ence to  section  1  of  Proposal  No.  378,  be  adopted. 

Mr.  Mack  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  2. 

Amend  section  1  of  Proposal  No.  378  by  striking  out  in  line  20  the 
word  "personal"  and  inserting  in  lieu  thereof  the  word  "intangible". 

Pending  consideration,  Mr.  Einaker  offered  the  following  amend- 
ment to  Amendment  No.  2,  which  was  accepted  by  Mr.  Mack : 

Insert  in  line  20  after  the  word  "a"  the  word  "uniform",  also  by  insert- 
ing after  the  word  "on",  the  word  "all"  also  by  striking  out  the  words  "any 
personal"  in  said  line  and  inserting  in  lieu  thereof  the  word  "intangible", 
so  that  said  line  will  read  "May  provide  a  uniform  tax  on  all  income  derived 
from  intangible  property". 

Pending  further  consideration,  Mr.  Gray  moved  that  debate  be  now 
•  closed  and  that  the  Committee  proceed  to  vote. 

The  question  being  on  that  motion,  a  division  was  had  resulting  as 
follows:  Yeas,  55;  nays,  11. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  AmcndnuMit  No.  '>,  as 
amended,  a  division  was  had  resulting  as  follows:  Yeas,  -11;  nays,  19. 

And  the  amendment,  as  amended,  was  adopted. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop- 

—9  C  W 


130  .   JOURNAL   OF   THE  [Nov.    11, 

AMENDMENT  No.  3. 

Amend  section  1  of  Proposal  No.  378  by  striking  out  in  lines  10,  11  and 
12  the  words  "taxes  may  be  levied  also  on  incomes:  if  the  income  tax  be 
graduated  and  progressive  the  highest  rate  shall  not  exceed  six  times  the 
lowest  rate;"  and  inserting  in  lieu  thereof  the  words  "The  General  Assembly 
may  provide  a  uniform  tax  also  on  incomes." 

Pending  discussion,  at  the  hour  of  6 :00  o'clock  p.  m.,  Mr.  Lindly 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF   THE    WHOLE.  131 


FRIDAY,  NOVEMBER  12,  1920. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  yesterday,  the  consideration  of  the  reports  from  the  Committee 
on  Revenue,  Taxation  and  Finance,  the  same  was  again  taken  up. 

The  pending  question  being  the  adoption  of  Amendment  No.  3, 
offered  by  Mr.  Green. 

A  division  was  had  resulting  as  follows:     Yeas,  20;  nays,  3o. 

And  the  'amendment  was  lost. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4. 

Amend  section  I  of  the  Majority  Report  as  follows:  In  line  12  strike  out 
the  word  "six"  and  insert  the  word  "three". 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  24;  nays,  29. 

And  the  amendment  was  lost. 

Mr.  Carlstrorn  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  5. 

Amend  section  1  by  striking  out  all  of  lines  nineteen  to  twenty-three, 
inclusive,  as  amended,  and  by  adding  at  the  end  of  line  nine  the  following: 

The  General  Assembly  may  provide  by  law  for  the  levy  and  collection 
of  taxes  on  intangible  property  by  other  or  different  methods  or  processes, 
than  by  valuation  but  such  tax  shall  be  uniform  and  governed  by  the  rules 
of  equitable  distribution  of  the  burden  of  taxation  upon  all  property  so 
that  the  proportionate  tax  rate  upon  intangible  property  shall  approximate 
the  proportionate  tax  rate  on  intangible  property." 

Pending  discussion,  Mr.  Dietz  offered  the  following  .amendment-  to 
Amendment  No.  5.  which  amendment  was  accepted  by  Mr.  Carlstroni : 

Amend  Amendment  No.  5,  so  that  it  will  read  as  follows:  "Amend 
section  1  by  striking  out  all  of  lines  nineteen  to  twenty-three  inclusive,  as 
amended,  and  by  adding  at  the  end  of  line  nine  the  following: 

"The  General  Assembly  may  provide  by  law  for  the  levy  and  collection 
of  taxes  on  intangible  property  by  other  or  different  methods  or  processes, 
than  by  valuation  including  a  tax  on  the  income  therefrom  but  such  tax  shall 
be  uniform  and  governed  by  the  rules  of  equitable  distribution  of  the 
burden  of  taxation. 

Pending  further  discussion,  Mr.  Davis  moved  that  debate  be  now 
closed  and  that  the  Committee  proceed  to  vote. 
And  the  motion  prevailed. 


132  JOURNAL   OF   THE 

The  question  then  being  on  the  adoption  of  Amendment  No.  5.  as 
amended,  a  division  was  had  resulting  as  follows :  Yeas,  22 ;  nays,  24-. 

And  the  amendment  was  lost. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.   6. 

Amend  section  1  of  Proposal  No.  378,  as  amended,  by  inserting,  at  the 
beginning  of  line  5  the  following  words:  "real  estate  and  tangible  personal" 
so  that  the  said  line  shall  read  "real  estate  and  tangible  personal  property  by 
valuation  so  that  every  person  and  corporation"  Also  amend  line  20  by 
striking  out  "may"  and  inserting  "shall". 

The  question  being  on  the  adoption  of  Amendment  No.  6,  a  division 
was  had  resulting  as  follows:     Yeas,  18;  nays,  33. 
And  the  amendment  was  lost. 
Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  7. 

Amend  section  1  of  Proposal  No.  378  by  striking  out  the  words  "priciples 
of  taxation  fixed  in  this  Constitution"  in  line  29  and  30  and  inserting  in 
lieu  thereof  the  words  "principles  of  uniformity". 

And  the  amendment  was  lost. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  iNo.  8. 

Amend  section  1  of  Proposal  No.  378  by  striking  out  the  word  "six"  in 
line  12  and  inserting  in  lieu  thereof  the  word  "four". 

The  question  being  on  the  adoption  of  Amendment  No.  8,  a  division 
was  had  resulting  as  follows:  Yeas,  '37;  nays,  25. 

And  the  amendment  was  adopted. 

Mr.  Mighell  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  9. 

Amend  section  1  of  Proposal  No.  378,  beginning  with  the  word  "and" 
on  line  12  striking  out  to  the  word  "taxes"  on  line  15  and  in  place  thereof 
insert  "and  in  either  case  the  General  Assembly  shall  provide  reasonable 
exemptions  thereto". 

The  question  being  on  the  adoption  of  Amendment  No.  9,  a  division 
was  had  resulting  as  follows:  Yeas,  38;  nays,  30. 

And  the  amendment  was  lost. 

Mr.  Dunlap  offered  the  following  amend  incut  and  moved  its  adop- 
tion : 

AMENDMENT  No.  10. 

Amend  Section  1  of  Proposal  No.  378  by  striking  out  of  lines  12  to  15 
the  words  after  "and"  in  line  12  up  to  the  word  "taxes"  in  line  15  and  in- 
serting the  following  "exemptions  of  $1,000  to  a  person  not  the  head  of  a 
family  and  $2,0000  to  a  person  the  head  of  a  family  and  $200  for  each  de- 
pendent person  in  such  family  shall  be  made". 

And  the  amendment  was  lost. 


1920.]  COMMITTEE   OP   THE    WHOLE.  133 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  11. 

Amend  section  1  of  Proposal  No.  378  by  striking  out  the  words  "not 
exceeding  $500  to  a  person  not  the  head"  in  line  12  and  all  of  lines  13,  14- 
and  15  to  and  including  the  word  "tax"  and  inserting  the  following  "there 
shall  be  exempted  from  such  income  tax  income  to  the  extent  of  $500  to  a 
single  person  and  income  to  the  extent  of  $1000  to  the  head  of  a  family". 

The  question  being  on  the  adoption  of  Amendment  No.  11,  a  divi- 
sion was  had  resulting  as  follows :  Yeas,  6 ;  nays,  38. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  the  report  of  the  Com- 
mittee on  Revenue,  Taxation  and  Finance*with  reference  to  section  1,  ah 
amended,  in  Committee  of  the  Whole,  it  was  decided  in  the  affirmative. 

At  the  hour  of  12:45  o'clock  p.  in.,  Mr.  Miller  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


134  JOURNAL   OF   THE  [Nov.    15, 


MONDAY,  NOVEMBER  15,  1920. 

At  the  hour  of  3:20  o'clock  p.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  November  12,  the  consideration  of  the  reports  of  the  Committee 
on  Revenue,  Taxation  and  Finance,  the  same  were  again  taken  up. 

Section  2  being  taken  up  and  read. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  12. 

Amend  section  2  of  Proposal  No.  378  in  line  4  by  inserting  after  the 
word  "county"  the  following  "in  which  it  originated". 

Pending  discussion,  Mr.  Barr  moved  that  section  2,  together  with 
Amendment  No.  12,  be  reported  back  to  the  Convention  with  the  recom- 
mendation that  they  be  recommitted  to  the  Committee  on  Revenue, 
Taxation  and  Finance. 

And  the  motion  prevailed. 

Section  3  being  taken  up  and  read. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  13. 

Amend  section  3  of  Proposal  No.  378  by  striking  out  all  after  the  word 
"state"  in  line  2  to  and  including  the  word  "purposes"  in  line  6. 

And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  arid  moved  its 
adoption : 

AMENDMENT  No.  14. 

Amend  section  3  of  Proposal  No.  378  by  inserting  in  line  2  after  the 
word  "state"  a  comma  followed  by  the  following  words:  "household  furn- 
iture actually  owned  and  used  by  any  individual  who  shall  returrt  all  of 
his  or  her  income  for  taxation  in  accordance  with  law." 

Mr.  Morris  offered  the  following  amendment  to  Amendment  No. 
14,  and  moved  its  adoption : 

Amend  section  3  of  Proposal  No.  378  by  inserting  in  line  2  after  the  word 
"state"  a  comma  followed  by  the  following  words:      "household   furniture 
actually  in  use  as  such  to  the  extent  of  one  thousand  dollars  in  value". 
And  the  amendment  to  Amendment  No.  14,  was  adopted. 
The  question  recurring  on  the  adoption  of  Amendment  No.  14,  as 
amended,  it  was  decided  in  the  affirmative. 


1920.]  COMMITTEE    OP   THE    WHOLE.  135 

Mr.  Wall  moved  to  reconsider  the  vote  by  which  Amendment  No. 
14,  was  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  26 ;  nays,  9. 

And  the  motion  prevailed. 

Mr.  Wall,  thereupon,  offered  the  following  amendment  to  Amend- 
ment No.  14,  as  amended,  and  moved  its  adoption : 

Amend  Amendment  No.  14,  as  amended,  by  striking  out  the  words  "one 
thousand"  and  inserting  in  lieu  thereof  the  words  "five  hundred". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  Amendment  No.  .14,  as 
amended,  it  was  decided  in  the  affirmative. 

Mr.  Cruden  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No,.  15. 

Amend  section  3  of  Proposal  No.  378  by  adding  after  the  word  "purposes" 
in  line  5  the  following,  towit:  Including  pasonages  owned  and  occupied  as 
such  by  religious  organizations,  entitled  to  exemptions  under  this  section. 

The  question  being  on  the  adoption  of  Amendment  No.  15,  a  divi- 
sion was  had  resulting  as  follows:  Yeas,  23;  nays,  21. 

And  the  amendment  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  16. 

Amend  section  3  in  line  4  by  striking  out  the  words  "industrial  and 
trade  organizations". 

And  the  amendment  was  adopted. 

Mr.  Ilainill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  17. 

Amend  section  3  in  line  3  by  striking  out  the  words  "agricultural  and 
horticultural  societies". 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  18. 

Amend  section  3  in  line  4  and  5  by  striking  out  the  words  "and  for 
incorporated  societies  of  war  veterans". 

And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  19. 

Amend  section  3  in  line  4  by  striking  out  the  word  "religious". 
And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion: 


136  JOURNAL   OF    THE  .['Nov.    If), 

AMENDMENT  No.  20. 

Amend  section  3  in  line  5  by  striking  out  the  word  "cemetery". 
And  the  amendment  was  lost. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  21. 

Amend  section  3  in  line  5  by  striking  out  the  word  "charitable". 
And  the  amendment  was  lost. 
Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 

AMENDMENT  No.  22. 

Amend  section  3  in  line  5  by  inserting  after  the  word  "purposes"  "and 
corporations  not  for  pecuniary  profit  whose  object  is  the  advancement  of 
musical  culture". 

And  the  amendment  was  lost. 

Mr.  Jack  moved  to  reconsider  the  vote  by  which  Amendment  No. 
16,  striking  out  of  line  4  of  section  2  the  words  "industrial  and  trade 
organizations"  was  heretofore  adopted. 

Mr.  Dupuy  moved  a  division  of  the  question. 

And  the  motion  prevailed. 

The  question  then  being  on  the  motion  to  reconsider  the  vote  by 
which  the  word  "industrial"  was  stricken  out  of  line  4  of  section  3,  a 
division  was  had  resulting  as  follows:  Yeas,  27;.  nays,  21. 

And  the  motion  prevailed. 

The  question  then  being  on  the  motion  to  reconsider  the  vote  by 
which  the  words  "and  trade  organization"  were  stricken  out  of  line  4  of 
section  3. 

It  was  decided  in  the  affirmative. 

Mr.  Dupuy  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  23. 

Amend  section  3  by  adding  in  line  6  after  the  word  "law"  the  follow- 
ing: The  General  Assembly  shall  by  law  define  what  organizations  and 
societies  fall  with  the  classes  above  named." 

And  the  amendment  was  lost. 

Mr.  Scanlan  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  24. 

Amend  section  3  by  inserting  after  the  word  "be"  in  line  2  the  words 
"owned  and". 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  I\o.  25. 

Amend  section  3  by  striking  out  the  word  "for"  in  line  3  after  the 
word  "exclusively"  substituting  the  word'  "by"  also  by  striking  out  the 


1920.]  COMMITTEE   OF   THE    WHOLE.  137 

word  "for"  in  line  3  before  the  word  "incorporated"  and  substituting  the 
word  "by"  also  by  inserting  in  line  4  before  the  word  "for"  the  word  "and". 

And  tHe  amendment  was  adopted. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  26. 

Amend  section  3  by  striking  out  of  line  2  the  word  "profit"  and  inserting 
in  lieu  thereof  the  word  "income". 

Pending  discussion,  Mr.  Dupuy  offered  the  following  as  a  substi- 
tute'for  Amendment  No.  26: 

Amend  section  3  by  striking  out  in  line  2  the  words  "but  not  for  profit". 

The  question  being  on  the  adoption  of  the  substitute  for  Amendment 
No.  26,  a  division  was  had  resulting  as  follows:  Yeas,  19 ;  4BN.  28. 

And  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  Amendment  ISFo.  26.  it 
was  decided  in  the  negative. 

Mr.  Dove  offered  the  following  as  a  substitute  for  section  3,  as 
amended  : 

The  Property  of  the  State,  counties  and  other  municipal  corporations 
both  real  and  personal,  household  furniture  actually  in  use  as  'such  to  the 
extent  of  five  hundred  dollars  in  value,  and  such  other  property  as  may 
be  used  exclusively  for  agricultural,  and  horticultural  societies,  for  in- 
corporated societies  of  war  veterans,  for  school,  religious,  cemetery  and 
charitable  purposes  including  parsonages  owned  and  occupied  as  such  by 
religious  organizations  entitled  to  exemptions  under  this  section,  may  be 
exempted  from  taxation,  but  such  exemptions  shall  be  only  by  general  law. 
In  the  assessment  of  real  estate  incumbered  by  public  easement  any  de- 
preciation occasioned  by  such  easement  may  be  deducted  in  the  valuation  of 
such  property. 

And  the  substitute  for  section  3,  as  amended,  was  adopted. 
Mr.    Moore    offered    the    following    amendment    to    section    3.    as 
amended,  and  moved'  its  adoption : 

AMENDMENT  No.  27. 

Amend  section  3  by  inserting  after  the  word  "law"  the  words:  But  no 
property  of  any  school,  college  or  university  in  which  doctrines  tending  to 
subvert  the  Constitution  of-  the  United  States  or  of  the  Constitution  of  the 
State  of  Illinois,  are  taught,  shall  enjoy  any  exemption  from  taxation. 

And  the  amendment  was  lost. 

Mr.  Barr  offered  the  following  amendment  to  section  3,  as  amended, 
and  moved  its  adoption : 

AMENDMENT  No.  28. 

Amend  section  3  in  line"  2  by  inserting  the  words  "of  this  State"  after 
the  word  "corporations". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  3,  as  amended, 
it  was  decided  in  the  affirmative. 

At  the  hour  of  10:32  o'clock  p.  m.,  Mr.  Sutherland  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


138  JOURNAL   OF   THE  [Xov.  - 


TUESDAY,  NOVEMBER  16,  1920. 

At  the  hour  of  9:10  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Agnmittee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  yesterday,  the  consideration  of  the  reports  of  the  Committee  on 
Revenue,  Taxation  and  Finance,  the  same  were  again  taken  up. 

And  section  4  being  read. 

Mr.  Hamill  offered 'the  following  as  a  substitute  and  moved  its 
adoption : 

AMENDMENT  No.  29. 

Section  4.  No  sale  of  real  estate  for  delinquent  taxes  shall  be  made 
except  upon  a  judgment  of  a  court  of  record,  after  notice  to  the  owner,  and 
not  less  than  two  years  shall  be  allowed  the  owner  to  redeem  from  such 
sale. 

The  question  being  on  the  adoption  of  the  substitute  for  section  4,  a- 
division  was  had  resulting  as  follows:  Yeas,  31;  nays,  21. 

And  the  substitute  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  to  section  4,  as 
amended,  and  moved  its  adoption : 

AMENDMENT  No.  30. 

Amend  section  4,  as  amended,  by  adding  at  the  end  thereof  the  follow- 
ing "and  there  shall  be  no  such  sale  except  on  application  of  and  conducted 
by  the  County  Treasurer. 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  31. 

Amend  section  4,  as  amended,  by  adding  after  the  words  "delinquent 
taxes"  the  words  "and  special  assessments". 

And  the  amendment  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  32. 

Amen'd  section  4,  as  amended,  by  inserting  after  the  word  "years"  in 
the  6th  line  the  words  "after  judgment"  and  striking  out  the  last  three  words 
"from  such  sale". 

And  the  amendment  was  lost. 


1920.]  COMMITTEE   OF    THE    WHOLE.  139 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  33. 

Amend  section  4,  as  amended,  by  adding  at  the  end,  thereof  the  follow- 
ing "but  the  legislature  may  provide  for  enforcing  the  lien  of  such  taxes 
or  assessments  by  a  proceeding  in  the  nature  of  a  foreclosure  in  equity 
after  the  period  of  redemption  has  expired. 

And  the  amendment  was  adopted. 

Mr.  Jack  offered  the  following  as  a  substitute  for  section  4,  as 
amended,  and  moved  its  adoption: 

AMENDMENT  No.  34. 

Section  4.  The  General  Assembly  shall  provide,  in  all  cases  where  it 
may  be  necessary  to  sell  real  estate  for  the  non-payment  of  taxes  or  special 
assessments  for  State,  County  or  municipal  or  other  purposes,  that  a  return 
of  such  upnpaid  taxes  or  assessments  shall  be  made  to  the  County  Treas- 
urer, and  that  shall  be  no  sale  of  said  property  for  any  of  said  taxes  or  assess- 
ments but  by  said  officer,'  upon  the  order  or  judgment  of  some  court  of 
record.  The  General  Assembly  may  provide  for  the  foreclosure  in  equity  of 
the  lien  of  such  taxes  or  assessments  hereafter  created;  and  it,  may  also 
provide  that  the  purchaser  at  any  tax  sale  hereafter  had  shall  have  a  lien 
upon  the  real  estate  purchased  by  him  at  such  sale  for  the  sum  or  sums 
properly  paid  out  by  him  with  interest  thereon,  and  may,  within  one  year 
after  the  period  of  redemption  has  expired  or  after  receiving  a  tax  deed, 
or  in  case  of  forfeiture  (in  addition  to  other  remedies  arising  out  of  said 
order  or  judgment  and  sale)  enforce  such  lien  by  a  proceeding  in  the  nature 
of  a  foreclosure  in  equity  subject  to  such  conditions  as  the  General  Assembly 
may  impose. 

The  right  of  redemption  from  all  sales  of  real  estate  for  the  non-pay- 
ment of  taxes  or  special  assessments  of  any  character  whatever,  shall  exist 
in  favor  of  owners  and  persons  interested  in  such  real  estate,  for  a  period 
of  not  less  than  two  years  from  such  sales  thereof.  And  the  General 
Assembly  shall  provide  by  law  for  reasonable  notice  to  be  given  to  the 
owners  or  parties  interested,  by  publication  or  otherwise,  of  the  fact  of  the 
sale  of  the  property  for  such  taxes  or  assessments  and  when  the  time  or 
redemption  shall  expire.  But  the  General  Assembly  shall  not  be  precluded 
from  providing  by  law  such  other  means  for;  enforcing  payment  of  taxes 
and  assessments,  delinquent  and  otherwise,  as  it  may  see  fit. 

The  question  being  on  the  adoption  of  the  substitute  for  section  4, 
as  amended,  a  division  was  had  resulting  as  follows :  Yeas,  29 ;  nays.  27. 

And  the  substitute  was  adopted. 

Mr.  Sutherland  moved  that  section  4,  as  amended,  be  adopted. 

Pending  discussion,  Mr.  Miller  moved  that  the  vote  by  which  the 
substitute,  offered  by  Mr.  Jack,  was  adopted,  be  reconsidered. 

And  the  question  being  on  the  motion  to  reconsider,  a  division  was 
had  resulting  as  follows :  Yeas,  35 ;  nays,  15. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  the  substitute  offered 
by  Mr.  Jack,  for  section  4,  as  amended,  it  was  decided  in  the  negative. 

Pending  further  discussion,  Mr.  Green  moved  that  debate  be  now 
closed  and  that  the  Committee  proceed  to  vote. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  40 ;  nays,  4. 

And  the  motion  prevailed. 


140  JOURNAL   OF   THE  '[Xov.    1(5, 

The  question  recurring  on  the  adoption  of  section  4.  as  amended,  a 
division  was  had  resulting  as  follows:  Yeas,  50;  nays,  6. 

And  section  4,  as  amended,  was  adopted. 

By  direction  of  the  Chairman  and  hy  unanimous  consent,  the  words 
"and  parties  interested"  were  inserted  between  the  words  "owner"  and 
"to"  in  the  fourth  line  of  section  4. 

Section  5  being  taken  up  and  read  and  no  amendments  being  offered, 
was  on  motion  of  Mr.  Davis,  adopted. 

Section  6  being  taken  up  and  read. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  35. 

Amend  section  6  in  line  2  by  adding  after  the  word  "village"  the  follow- 
ing "and  park  districts". 

And  the  amendment  was  adopted. 

Mr.  Green  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  36. 

Amend  section  6  in  line  3  by  striking  out  the  words  "of  contiguous 
property". 

And  the  amendment  was  lost. 

Mr.  DeYonng  offered  the  following-  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  37. 

Amend  section  6  in  line  3  by  inserting  after!  the  word  "assessment" 
the  word  "or". 

And  the  amendment  was  adopted. 

There  being  no  further  amendments,  section  (>,  was,  on  motion  of 
Mr.  Sutherland,  adopted. 

Section  7  being  taken  up  and  read. 

Whereupon,  Mr.  Sutherland  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  38. 

Amend  section  7  by  inserting  in  line  4  after  the  word  "taxes"  the 
parenthesis  and  words  "(but  not  taxes  upon  income)"  and  in  line  5  after 
the  word  "taxes"  the  parenthesis  and  words  "(but  not  taxes  upon  income)" 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  8  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Sutherland,  adopted. 

Mr.  Hull  offered  the  following  amendment  to  Proposal  Xo.  378  and 
moved  its  adoption : 

AMENDMENT  No.  39. 

Amend  Proposal  No.  378  by  adding  thereto  three  new  sections  to  be 
known  as  Section  9,  10,  and  11  as  follows: 

Section  9.  For  the  purposes  (or  any  one  or  more  of  them)  of  acquiring, 
constructing,  owning,  leasing,  maintaining,  and  operating  such  i»come- 


1920.]  COMMITTEE   OF   THE    WHOLE.  141 

producing  properties  as  it  is  by  law  authorized  to  own  or  operate  (or  to 
own  and  operate)  for  the  supply  of  transportation,  communication,  light, 
heat,  power,  water  and  other'  public  utilities  (or  any  of  them)  any  city 
of  other  municipal  corporation  may  issue  interest-bearing  bonds,  in  excess 
of  any  limitation  of  indebtedness  otherwise  prescribed  in  this  Constitution, 
to  an  amount  not  at  any  time  exceeding  in  the  aggregate  fifteen  per  centum 
on  the  full  value  of  the  taxable  real  property  therein,  to  be  ascertained  by 
the  last  assessment  for  Sta4e  and  county  purposes  previous  to  the  issuance 
of  such  bonds.  Any  city  or  other  municipal  corporations  issuing  such  bonds 
shall,  before  or  at  the  time  of  doing  so,  provide  for  the  collection  of  a  direct 
annual  tax  sufficient  to  pay  the  interest  thereon  as  it  falls  due  and  also  to 
pay  and  discharge  the  principal  thereof  within  thirty  years  from  the  date 
thereof. 

Section  10.  Unless  otherwise  provided  in  the  act  of  any  city,  or  other 
municipal  corporation,  authorising  the  issuance  of  any  bonds  for  the  purpose 
of  financing  any  income-producing  public  utility,  such  bonds  shall  be  held 
to  bo  issued  in  excess  of  the  limitation  prescribed  by  section  8  of  this 
Article.  Each  issue  of  bonds,  or  of  other  securities,  by  any  city,  or  other 
municipal  corporation,  for  the  aforesaid  purpose,  shall  be  payable  in  sub- 
stantially equal  annual  installments  of  principal  and  interest  combined,  be- 
ginning not  more  than  five  years  from  the  date  thereof.  No  such  bonds  or 
other  securities  shall  be  isseued  until  the  proposition  therefor  shall  have 
been  consented  to  by  a,  majority  of  the  legal  voters  of  such  city  or  other 
municipal  corporation  voting  upon  the  question. 

Section  11.  Any  city,  of  other  municipal  corporation,  issuing  bonds  in 
excess  of  the  limitation  of  indebtedness  prescribed  by  section  8  of  this 
Article,  for  the  purpose  of  financing  any  income-producing  public  utility, 
shall,  not  less  than  four  months  prior  to  the  time  when  any  tax!  for  the 
payment  and  discharge  of  the  principal  of  and  interest  on  such  bonds,  or  of 
the  principal  of  and  interest  on  any  other  indebtedness  incurred  for  the 
purpose  of  financing  the  same  utility,  shall  by  law  become  collectible,  deposit 
or  cause  to  be  deposited  with  the  treasurer  thereof,  out  of  the  gross  earn- 
ings of  the  utility  for1  the  financing  of  which  the  indebtedness  to  be  dis- 
charged by  such  tax  was  incurred,  a  sum  equivalent  in  amount  to  such  tax, 
the  funds  so  deposited  to  be  used  solely  for  the  purpose  of  paying  and 
discharging  such  indebtedness,  both  as  to  principal  and  interest,  as  the  same 
falls  due.  To  the  extent  that  funds  to  be  used  for  the  payment  of  any  such 
indebtedness,  as  to  either  principal  of  interest,  shall  be  deposited  with  the 
treasurer  of  any  such  city  or  other  municipal  corporation  prior  to  the 
collection  of  such  tax,  such  tax  shall  not  be  collected,  but  'no  subsequent 
loss  or  misappropriation  of  the  funds  so  deposited  shall  relieve  such  city 
or  other  municipal  corporation  of  its  liability  to  pay  such  indebtedness. 

Any  city  or  other  municipal  corporation  issuing  bonds  in  excess  of  the 
limitation  of  indebtedness  prescribed  by  section  8  of  this  Article,  for  the 
purpose  of  financing  any  income-producing  public  utility,  shall  thereafter 
(irrespective  of  the  subsequent  amortization  of  the  debt  evidenced  by  any 
bonds  of  other  securities  whatsoever,  issued  for  the  financing  of  such  utility) 
establish  and  maintain  such  rates  or  charges  for  the  service  supplied  as  are 
necessary  to  provide  sufficient  revenue  (in  addition  to  amounts  required  for 
the  payment  of  the  principal  of  and  interest  on  all  outstanding  bonded  or 
other  indebtedness  incurred  for  the  financing  of  such  utility)  to  pay  and 
discharge  at  least  all  costs  and  expenses  involved  in  or  incidental  to  the 
ownership,  operation,  and  maintenance  of  such  utility,  including  expend- 
itures and  reserves  for  repairs  and  renewals  necessary  to  maintain  the 
properties  in  first  class  condition  in  every  respect  at  all  times. 

The  provisions  of  this  section  and  of  sections  8,  9,  and  10  of  this 
Article-  shall  be  self-executing,  but  laws  not  in  conflict  therewith  may  be 
passed  to  facilitate  their  operation.  Any  taxpayer  of  any  city  or  other 
municipal  corporation  owning  or  operating  any  such  utility  shall  have  the 
right  to  enforce  all  provisions  of  said  sections  by  appropriate  proceedings 
in  any  court  of  competent  jurisdiction,  but  the  right  of  such  taxpayer  with 
respect  to  the  enforcement  thereof  shall  not  be  exclusive.  It  shall  be  the 


142  JOUGNAI    OF    THE  [N"0V.    1G, 

duty  of  courts  of  general  jurisdiction  to  enforce  all  such  provisions  and 
for  such  purpose  they  shall  have  all  necessary  powers,  including  the  power 
to  control  and  regulate  the  service  supplied  by  any  such  utility. 

Proposed  section  9  being  taken  up  and  read. 

Mr.  Hull  moved  that  said  section  9  be  adopted  as  section  9  of  Pro- 
posal No.  378. 

Pending  discussion,  at  the  hour  of  5  :20  a'clock  p.  m.,  Mr.  Suther- 
land, moved  that  the  Committee  do  now  rise,  report  progress,  and  ask 
leave  to  sit  again. 

And  the  motion  prevailed. 


1930.]  COMMITTEE   OF    THE    WHOLE.  143 


WEDNESDAY,  NOVEMBER  17,  1920. 

At  the  hour  of  9  :05  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of:  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  yesterday,  the  consideration  of  the  reports  of  the  Committee 
on  Revenue,  Taxation  and  Finance,  the  same  were  again  taken  up. 

The  pending  question  being  the  motion  of  Mr.  Hull,  that  the  pro- 
posed section  9  be  adopted  as  section  9  of  Proposal  No.  378. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  40. 

Amend  proposed  section  9  by  striking  out  the  words  "and  other  public 
utilities"  where  they  appear  in  line  5  thereof. 

And  the  amendment  was  adopted. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  41. 

Amend  proposed  section  9  in  line  5  between  the  word  "them"  and  the 
word  "any"  the  following  words  "The  General  Assembly  may  by  general 
law  authorize"  and  insert  the  word  "to"  in  place  of  "may"  in  line  6. 

And  the  amendment  was  adopted. 

Mr.  Quinn  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  42. 

Amend  proposed  section  9  in  line  5  by  striking  out  after  the  word 
"city"  the  words  "or  other  municipal  corporation". 

And  the  amendment  was  adopted. 

Mr.  Quinn  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  43. 

Amend  proposed  Section  9  by  striking  out  in  line  1Q  after  the  word 
"city"  the  words  "or  other  municipal  corporation". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  proposed  section  9  as 
section  9  of  Proposal  No.  378,  a  division  was  had  resulting  as  follows: 
Yeas,  37 ;  nays,  24. 

And  section  9  was  adopted. 

Section  10  being  taken  up  and  read. 


144  JOURNAL    OF    THE  [Nov.    17, 

Mr.  Hull  moved  that  the  proposed  section  1.0  be  adopted  as  section 

10  of  Proposal  No.  378. 

Mr.  Gee  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  44. 

Amend  proposed  Section  10  by  inserting  in  line  9  the  words  "vote  of 
three  fifths"  after  the  word  "by"  and  striking  out  the  word  "majority". 

The  question  being  on  the  adoption  of  Amendment  No.  44,  a  divi- 
sion was  had  resulting  as  follows :  Yeas,  44;  nays,  7. 

And  the  amendment  was  adopted. 

Mr.  Qninn  offered  the  following  amendment  and  moved  its  adop- 
tion : 

i  AMENDMENT  No.  45. 

Amend  proposed  section  10  by  striking  out  in  lines  2,  5  and  10  the  words 
"or  other  municipal  corporations". 

And  the  amendment  was  adopted. 

The  question  being  on  the  adoption  ol'  the  proposed  section   10.  as 
amended,  as  section  10  of  Proposal  No.  378. 
It  was  decided  in  the  affirmative. 
Section  11  being  taken  np  and  read. 
Mr.  Hull  moved  that  the  proposed  section  11  be  adopted  as  section 

11  of  Proposal  No.  378. 

Mr.  Kevell  gave  notice  that  he  would  move  to  reconsider  the  vote 
by  which  the  amendments  to  sections  9  and  10  were  heretofore  adopted. 

Mr.  Qninn  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  46. 

Amend  proposed  section  11  by  striking  out  in  lines  1,  14,  17,  18  and  33 
the  words  "or  other  municipal  corporations"  after  the  word  "city"  in  each 
line. 

And  the  amendment  was  adopted. 

Mr.  Quinn  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  47. 

Amend  proposed  section  11  by  inserting  between  lines  17  and  18  a  new 
paragraph  reading  as  follows:  Any  deficit  so,  or  otherwise  created,  through 
or  on  account  of  such  utility  shall -never  be  paid  from  the  general  or  other 
funds  of  said  city,  nor  create  any  liability  against  said  city  which  may 
be  satisfied  by  taxes  generally  or  specially  levied,  but  the  same  may  only 
be  paid  from  revenues  coming  to  said  city  through  such  utility. 

Pending  discussion,  Mr.  Green  offered  the  following  a-  a  substitute 
for  section  11  and  the  pending  amendment  offered  by  Mr.  Quinn  : 

For  the  purpose  of  enabling  cities  or  other  municipal  corporations  to 
acquire,  contruct,  lease,  maintain  and  operate  such  income-producing 
properties  as  may  be  by  law  defined  and  designnated  "public  utilities"  the 
General  Assembly  may  by  providing  for  state  supervision  and  regulation 
uniformly  applicable  to  both  municipally  and  priately,  owned  and  operated 
public  utilities  of  like  character,  authorize  by  general  law  such  municipal 
corporations  to  become  indebted  to  an  amount  not  exceeding  in  the  aggre- 


1920.]  COMMITTEE   OF    THE    WHOLE.  145 

gate  fifteen  per  centum  of  the  full  value  of  the  taxable  real  property  therein, 
from  which  authorized  aggregate  however  shall  be1  deducted  any  existing 
indebtedness  of  any  other  municipal  corporation  in  which  such  taxable 
real  property  may  be  located;  but  no  such  additional  indebtedness  as  in 
this  section  provided  shall  be  incurred  except  the  proposition  therefor  shall 
have  been  first  authorized  by  a  majority  of  the  legal  voters  of  such  municip- 
al corporation  voting  upon  the  question. 

Pending  further  discussion,  Mr.  Sutherland  moved  that  debate  be 
now  closed  and  that  the  Committee  proceed  to  vote. 

And  on  that  motion  a  division  was  had  resulting'  as  follows: 
Yeas,  18;  nays,  26. 

And  the  motion  was  lost. 

The  question  then  being  on  the  adoption  of  the  substitute  for  the 
proposed  section  11  and  pending  amendment,  offered  by  Mr.  Green,  a 
division  was  had  resulting  as  follows:  Yeas,  15;  nays,.  39. 

And  the  substitute  was  lost. 

Mr.  Rinaker  offered  the  following  as  a  substitute  for  the  proposed 
section  11  and  pending  amendment  and  moved  its  adoption: 

No  liability  incurred  or  deficit  arising  by  reason  of  any  public  utility, 
shall  be  met  or  paid  o\ut  of  any  tax,  general  or  special  but  shall  be  paid* 
only  out  of  tfie  revenues  received  from  that  or  some  other  utility  owned  by 
such  city,  and  no  such  utilities  or  the  securities  issued  on  their  account  shall 
be  exempt  from  taxation  or  assessment. 

And  the  substitute  was  lost. 

By  unanimous  consent,  Mr.  Quinn  amended  his  pending  amend- 
ment to  the  proposed  section  1],  so  that  it  would  read  as  follows: 

Amend  the  proposed  section  11  by  inserting  between  line  seventeen  and 
eighteen  a  new  paragraph  reading  as  follows: 

Any  deficit  so,  or  otherwise,  created,  through  on  on  account  of  such 
utility,  shall  never  be  paid  or  satisfied  from  the  general  or  other  funds  of 
such  city.  Nor  shall  it  create  any  liability  against  such  city  which  may  be 
satisfied  by  taxes  generally  or  specially  levied — but  may  only  be  satisfied 
through  revenues  coming  to  such  city  through  such  utility,  or  from  the 
sale  of  bonds  or  other  obligations,  which  in  the  aggregate  shall  never  exceed 
the  limit  of  indebtedness  above  fixed. 

The  question  then  being  on  the  adoption  of  the  amendment,  as 
amended,  to  the  proposed  section  11,  a  division  was  had  resulting  a? 
follows:  Yeas,  24;  nays,  35. 

And  the  amendment  was  lost. 

Mr.  Six  offered  the  following  amendment  to  the  proposed  section 
11  and  moved  its  adoption: 

AMENDMENT  No.  48. 

Amend  proposed  section  11  by  adding  a  new  paragraph  between  the 
lines  17  and  18  as  follows: 

Any  city  owning  or  operating  any  public  uitlity  shall  conform  to  all 
requirements  with  respect  to  the  keeping  of  accounts  and  the  audit  thereof 
and  to  the  making  of  reports  that  shall  be  prescribed  by  law  with  respect 
to  such  matters  for  any  other  persons  or  corporations  owning  or  operating 
a  like  utility. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  proposed  section  11,  as 
amende:!,  a  divi  ton  v/a  •  harl  resulting  as  follows:  Yeas,  33;  nays,  2 -I. 

— 10  C  W 


146  JOURNAL   OF   THE  [Nov.    17, 

And  section  11,  as  amended,  was  adopted. 

By  unanimous  consent,  the  words  "except  as  otherwise  provided 
herein"  were  added  at  the  end  of  line  31,  after  the  word  "article"'  of 
section  11. 

Mr.  Hamill  offered  the  following  amendment  to  Proposal  No.  378 
to  be  known  as  section  12,  and  moved  its  adoption: 

AMENDMENT  No.  49. 

Section.  12  No  municipal  corporation  shall  incur  any  debt  for  acquir- 
ing, constructing  or  operating  any  income-pjroducing  property  for  the 
supply  of  transportation,  communication,  light,  heat,  power  or  water,  unless 
such  debt  shall  be  authorized  and  provision  for  the  payment  thereof  and 
interest  thereon  be  made  as  in  section  9,  10,  and  11  of  this  Article  provided. 

And  section  12,  was  adopted. 

Mr.  Gee  offered  the  following  amendment  to  Proposal  No.  378  to 
he  known  as  section  13  and  moved  its  adoption : 

AMENDMENT  No.  50. 

Section  13.  The  foregoing  sections  9,  10,  11  shall  only  apply  to  cities 
having  at  least  a  population  of  100,000,  according  to  the  last  U.  S.  Census, 
of  resident  inhabitants. 

The  question  being  on  the  adoption  of  proposed  section  13,  a  divi- 
sion was  had  resulting  as  follows:  Yeas,  18;  nays,  45. 

Mr.  Green  offered  an  amendment  to  Proposal  'No.  378  to  be  known 
as  section  13  and  moved  its  adoption: 

AMENDMENT  No.  51. 

Section  13.  The  term  income  as  used  in  this  article  shall  not  be  con- 
strued to  include  the  mere  advance  in  value  of  property. 

Pending  discussion,  Mr.  Davis  offered  the  following  as  a  substitute 
for  the  amendment  offered  by  Mr.  Green,  and  moved  its  adoption : 

Section  13.  Income  for  the  purposes  of  this  article  is  defined  to  be 
the  product  or  return  received  as  the  result  of  personal  effort  or  the  invest- 
ment of  capital  either  seperately  or  combined,  or  the  profits  arising  from  the 
prosecution  of  any  business,  profession,  calling,  occupation  or  adventure  but 
shall  not  include  the  advancement  in  value  of  any  capital  fund,  property  or 
investments. 

And  the  substitute  for  Amendment  No.  51,  was  lost. 

The  question  then  being  on  the  adoption  of  Amendment  No.  51, 
offered  by  Mr.  Green,  it'was  decided  in  the  negative. 

Mr.  Johnson  moved  that  the  vote  by  which  section  3  was  heretofore 
adopted  be  reconsidered  for  the  purpose  of  amendment. 

And  the  motion  was  lost. 

At  the  hour  of  5:00  o'clock  p.  m.,  Mr.  Hull  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE    WHOLE.  14? 


WEDNESDAY,  NOVEMBER  17,  1920. 

At  the  hour  of  5  :10  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  the  reports  from  the 
Committee  on  Judicial  Department,  being  Proposals  numbered  383  and 
384. 

Mr.  DeYoung,  Chairman  of  the  Committee  on  Judicial  Depart- 
ment, presiding. 

Mr.  DeYoung  called  Mr.  Cutting  to  the  chair. 

Proposal  No.  383  was  taken  up  and  read  at  large. 

Pending  consideration,  at  the  hour  of  6  :25  o'clock  p.  m.,  Mr.  Ham  ill 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


148  JOURNAL    OF    THE  [Nov.    IS, 


THURSDAY,  NOVEMBER  18,  1920. 

At  the  hour  of  9  :05  'o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  'Whole. 

Mr.  Cutting,  member  of  the  Committee  on  Judicial  Department, 
presiding. 

The  Committee  of  the  Whole  having,  heretofore  had  under  discus- 
sion, on  yesterday,  the  consideration  of  the  reports  from  the  Committee 
on  Judicial  Department,  being  Proposals  numbered  383  and  384.,  the 
same  were  again  taken  up. 

Section  1  being  read. 

Mr.  Brenholt  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  1. 

Amend  section  1  of  Proposal  No.  383  by  inserting  before  the  word 
"county"  in  line  3  the  following  words  "city  courts".  - 

The  question  being  on  the  adoption  of  the  amendment  a  division 
was  had  resulting  as  follows:  Yeas,  3»;  nays,  65. 

And  the  amendment  was  lost. 

By  unanimous  consent,  the  word  "the"  in  line  4  after  the  word 
"and"  in  section  1,  was  stricken  out. 

The  question  then  being  on  the  adoption  of  section  1,  it  was  decided 
in  the  affirmative. 

Section  2  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  3  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  4  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

On  motion,  consideration  of  sections  5,  6  and  7  were  temporarily 
postponed. 

Section  8  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  9  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  10  being  taken  up  and  read. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  2. 

Amend  section  10  or  Proposal  No.  383  in  line  8  by  adding  alter  the 
words  "Mount  Vernon"  the  words  "until  otherwise  provided  by  law". 

And  the  amendment  was  adopted. 


1920.]  COMMITTEE   OP   THE    WHOLE.  149 

Mr.  Jarrnan  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  3. 

Amend  section  10  of  Proposal  No.  383  by  inserting  in  lines  4  and  5 
after  the  words  "said  districts"  the  words  "and  the  number  thereof". 

•  And  the  amendment  was  lost. 

By  unanimous  consent  a  comma  (,)  was  placed  in  line  9  after  the 
word  "each"  in  section  10. 

Tlae  question  then  being  on  the  adoption  of  section  10,  it  was 
decided  in  the  affirmative. 

Section  11  being  taken  up  and  read. 

By  unanimous  consent,  the  words  "death  or"  were  inserted  in  line 
4  after  the  word  "is"  in  section  11. 

The  question  then  being  on  the  adoption  of  section  11,  it  was 
decided  in  the  affirmative. 

Section  12  being  taken  up  and  read. 

Mr.  Morris  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  4.  , 

Amend  section  12  of  Proposal  No.  383  by  striking  out  in  the  2nd  line 
the  sentence  beginning  with  the  words  "The  Supreme  Court"  down  to  and 
including  the  word  "appoint"  on  the  3rd  line — and  insert  in  lieu  thereof 
the  words  "There  shall  be  elected  at  the  annual  election  in  November  A.  D., 
1922"  strike  out  of  said  section  all  the  words  in  said  -section  beginning  with 
the  words  "The  Supreme  Court  in  the  6th  line  down  to  and  including  the 
words  "by  appointment"  in  the  9th  line. 

Pending  discussion,  Mr.  L.  C.  Johnson  moved  that  debate  be  now 
closed  and  that  the  Committee  proceed  to  vote. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  Amendment  No.  4,  it 
was  decided  in  the  negative. 

There  being  no  further  amendments,  section  12,  was,  on  motion, 
adopted. 

Section  13  being  taken  up  and  read. 

By  unanimous -consent,  the  word  "of"  in  line  2  of  section  13,  was 
changed  to  "or." 

The  question  then  being  on  the  adoption  of  section  13,  it  was 
decided  in  the  affirmative. 

Section  14  being  taken  up  and  read. 

Mr.  Brenholt  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  5. 

Amend  section  14  of  Proposal  No.  383  by  striking  out  the  word  "is"  after 
the  word  "county"  in  the  first  line  and  inserting  in  lieu  thereof  the  following 
"and  city  courts  as  now  established  are"  also  strike  out  the  words  "and  on 
the"  being  the  last  three  words  in  said  line  1  and  also  strike  out  all  of 
lines  2,  3  and  4. 

Mr.  Gorman  raised  the  point  of  order  that  Amendment  No.  5,  was 
out  of  order,  for  the  reason  that  it  was  not  Applicable. 


150  JOURNAL   OF    THE  [Nov.    18, 

Which  point  of  order  was  sustained  by  the  Chair. 

The  question  then  being  on  the  adoption  of  section  14,  it  was 
decided  in  the  affirmative. 

Section   15    being  taken  up   and  .read   and   no   amendments  being 
offered,  was,  on  motion  of  Mr,  DeYoung,  adopted. 
.  Section  1(5,  being  taken  up  and  read. 

By  unanimous  consent,  the  last  word  in  section  1(5  was  stricken  out 
and  the  word  "observed"  inserted. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  6. 

Amend  section  16  of  Proposal  No.  383  in  line  11  by  adding  after  the 
word  "state"  the  following  "outside"  of  the  counties  that  are  separate 
circuits". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  1(5,  it  was 
decided  in  the  affirmative. 

Section  1?  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYonng,  adopted. 

Section  18  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Pe  Young,  adopted. 

Section  19  being  taken  up  and  read. 

Mr.  DeYonng  moved  that  section  19  be  adopted. 

Mr.  Brenholt  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  7. 

Amend  section  19  in  line  3  by  striking  out  the  word  "may"  and  insert- 
ing the  words  "shall  where  city  courts  are  not  established". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  19,  it  was 
decided  in  the  affirmative. 

Section  20  being  taken  up  and  read. 

By  unanimous  consent,  all  words  after  the  word  "court"  in  line  5 
were  stricken  out. 

Mr.  DeYoung  then  moved  that  section  20  be  adopted. 

And  the  motion  prevailed. 

Section  21  being  taken  up  and  read. 

Mr.  Wall  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  8. 

Amend  section  21  of  Proposal  No.  383  by  striking  out  the  words  "two 
thousand"  in  line  7  and  inserting  in  lieu  thereof  the  words  "three  thousand". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  21,  it  was 
decided  in  the  affirmative. 

Section  22  being  taken  up  and  road. 

Mr.  Lindly  offered  the  following  amendment  and  moved  its  adop- 
tion: 


1920.]  COMMITTEE   OF   THE    WHOLE.  151 

AMENDMENT  No.  9. 

Amend  section  22,  Proposal  No.  383  by  striking  out  all  words  after 
the  word  "court"  in  line  9  to  and  including  the  word  "districts"  in  line  12. 

And  the  amendment  was  lost. 

Mr.  Mills  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  10. 

Amend  section  22  of  Proposal  No.  383  by  striking  out  in  line  14  the 
words  "seventy-five"  and  inserting  in  lieu  thereof  the  words  "sixty-five". 

Mr.  Migholl  offered  the  following  as  a  substitute  and  moved  its 
adoption : 

Amend  section  22  of  Proposal  No.  383  by  striking  out  in  line  14  the 
words  "seventy-five"  and  inserting  in  lieu  thereof  the  words  "one  hundred 
thousand". 

The  question  being  on  the  adoption  of  the  substitute. 

It  was  decided  in  the  negative. 

The  question  recurring  on  the  adoption  of  Amendment  No.  10,  it 
was  decided  in  the  negative. 

The  question  then  being  on  the  adoption  of  section  22,  it  was 
decided  in  the  affirmative. 

Section  23  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted.  ' 

Section  24  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  25  being  taken  up  and  read  and  no  amendments  being- 
offered  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  26  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  27  being  taken  up  and  read  and  no  amendments  being 
offered,  was.,  on  motion  of  Mr.  DeYoung.  adopted. 

Section  28  being  taken  up  and  read. 

By  unanimous  consent  the  words  "or  appointed"  were  inserted  at 
the  end  of  line  8  in  section  28. 

Mr.  DeYroung  then  moved  that  section  28  be  adopted. 

And  the  motion  prevailed. 

Section  29  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  30  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  31  being  taken  up  and  read. 

By  unanimous  consent  the  following  corrections  were  made  in  sec- 
tion 31:  Insert  the  word  "one"  after  the  word  "thirty"  in  line  1.  Strike 
out  the  word  "the"  preceding  the  word  "judges"  in  line  (>.  Insert  tho 
words  "elected  or  appointed"  after  the  word  "judges"  in  line  8. 

Mr.  DeYoung  then  moved  that  section  31  be  adopted. 

And  the  motion  prevailed. 

Section  32  being  taken  up  and  read. 

Mr.  Morris  offered  the  following  amendment  and  moved  it^  adop- 
tion: 


152  JOURNAL   OF    THE  [Nov.    18, 

AMENDMENT  No.  11. 

Amend   section   32   of  Proposal  No.   383   by   inserting   in  line   2   before 
the  word  "district"  the  words  "Circuit  or". 

And  the  amendment  was  lost. 

By  unanimous  consent  the  words  "not  less  than  five"  were  stricken 
out  of  section  32,  in  line  1,  after  the  word  "designate/' 

Mr.  DeYoung  then  moved  that  section  32  be  adopted. 

And  the  motion  prevailed. 

Section  33  being  taken  up  and  read. 

Consideration  of  the  same  was,  by  unanimous  consent.,  temporary 
postponed. 

Section  34  being  taken  up  and  read. 

By  unanimous  consent,  the  word  "justice"  was  amended  to  read 
"justices"  after  the  word  "chief"  in  line  4. 

Mr.  DeYoung  then  moved  that  section  34  lie  adopted. 

Andvthe  motion  prevailed. 

Section  35  being  taken  up  and  read, 

By  unanimous  consent,  the  letter  "s"  \vds  added  to  the  word  "court" 
in  line  1,  making  it  read  "courts." 

Mr.  Ham  ill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  12. 

Amend  section  35  by  striking  out  all  after  the  word  "assignment"  in 
line  7. 

The  question  being  on  the-  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  7;  nays,  17. 

And  the  amendment  was  lost. 

Mr.  DeYoung  moved  that  section  35  be  adopted. 

And  the  motion  prevailed. 

Section  36  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  37  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  38  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  39  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  40  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  41  being  taken  up  and  read  and  no  amendments  being- 
offered,  was.  on  motion  of  Mr.  DeYoung,  adopted. 

Section  42  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  43  being  taken  up  and  read  and  no  amendments  being1 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  44  being  taken  up  and  read  arid  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  45  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 


1920.]  COMMITTEE   OF   THE    WHOLE.  153 

Section  46  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  47  being  taken  up  and  read. 

By  unanimous  consent  the  word  "court"  was  inserted  after  the 
words  "appellate"  and  "circuit"  in  line  2  and  after  the  words  "appel- 
late" and  "circuit"  in  lines  6  and  7  of  section  47. 

Mr.  DeYoung  then  moved  that  section  47  be  adopted. 

And  the  motion  prevailed. 

Mr.  Green  moved  that  the  vote  by  which  section  47  was  heretofore 
adopted  be  reconsidered. 

And  the  motion  prevailed. 

Mr.  Sutherland  gave  notice  that  he  would  move  to  reconsider  the 
vote  by  which  section  46  was  heretofore  adopted. 

Section  48  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  49  being  taken  up  and  read. 

By  unanimous  consent,  the  words  "of  each  house"  were  added  at  the 
end  of  line  1,  section  49,  also  the  word  "journals"  was  changed  to 
"journal." 

Mr.  DeYoung  then  moved  that  section  49  be  adopted. 

And  the  motion  prevailed. 

Section  50  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  51  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung,  adopted. 

Section  52  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  DeYoung.  adopted. 

At  the  hour  of  7  :05  o'clock  p.  m.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


154  JOURNAL    OF    THE  [Nov.    22, 


MONDAY,  NOVEMBER  22,  1920. 

At  the  hour  of  3:10  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Cutting,  member  of  the  Committee  on  Judicial  Department, 
presiding. 

The  Committee  of  the  Whole,  having,  heretofore,  had  under  discus- 
sion, on  November  18,  the  reconsideration  of  the  vote  by  which  section 
47  of  Proposal  No.  383  was  adopted,  the  same  was  again  taken  up. 

Whereupon  Mr.  Gee  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  13. 

Amend  section  47  by  striking  out  all  after  the  word  "Judge"  in  line 
6,  and  inserting  the  following: 

"of  any  other  court  shall  receive  any  other  compensation  perquisite 
or  benefit  in  any  form  whatever,  nor  shall  he  perform  any  duties  other 
than  judicial,  or  engage  in  the  practice  of  the  law,  in  the  State  of  Illinois, 
as  a  councellor  solicitor  or  attorney,  so  long  as  he  shall  hold  the  office  of 
such  justice  or  judge." 

Pending  discussion,  by  unanimous  consent,  further  consideration  of 
section  47  and  the  pending  amendments  were  postponed. 

M*.  Cutting  having  called  Mr.  De  Young  to  the  chair. 

Section  33,  heretofore  temporary  passed,  was  taken  up  for  con- 
sideration and,  on  motion,  further  postponed. 

Mr.  Green  moved  that  sections  5  and  G  of  the  Minority  Report  be 
substituted  for  sections  5  and  6  of  the  Majority  Report. 

Pending  discussion,  at  the  hour  of  4:00  o'clock  p.  m.,  Mr.  Lindly 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave 
to  sit  again. 

And  the  motion  prevailed. 


1920.  I  COMMITTEE    OF   THE    AVI  [OLE.  155 


MONDAY,  NOVEMBER  22,  1920. 

At  the  hour  of  4 :05  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  the  reports  from  the 
Committee  on  Jnitiatve,  Referendum  and  Recall,  being  Proposals  num- 
bered 367,  368  and  371. 

Mr.  Dove,  Chairman  of  the  Committee  on  Initiative,  Referendum 
and  Recall,  presiding. 

Mr.  Dove  laid  before  the  Committee  several  communications  from 
Mr.  Herbert  S.  Biglow  of  Cincinnati,  Ohio,  in  defense  of  certain  state- 
ments made  by  him  in  an  address  before  the  Committee  on  February 
17,  1920,  which  were  read  at  large  for  the  information  of  the  Com- 
mittee. 

Proposals  numbered  367,  368  and  371,  also  the  Minority  Report 
presented  by  Mr.  Dove,  on  May  20,  Avere  taken  up  and  read  at  largo. 

By  unanimous  consent  the  first  five  lines  of  section  8  of  Proposal 
No.  368  were  stricken  out. 

Mr.  Dove  called  Mr.  Latchford  to  the  chair. 

Pending  discussion,  Mr.  Carlstrom  raised  the  point  of  order, 
quoting  Rule  45,  that  all  Proposals  should  be  first  read  at  large  and 
then  considered  section  by  section. 

Which  point  of  order  was  sustained  by  the  Chair. 

Mr.  Wolff  moved  that  section  1  of  the  Majority  Report,  being 
Proposal  No.  367,  be  noAV  considered. 

And  the  motion  prevailed. 

Mr.  Wolff  thereupon  moAred  that  section  1  be  adopted. 

Mr.  Dove  moved  as  a  substitute  that  the  Minority  Report  offered 
by  him  on  May  20  be  substituted  for  section  1  of  the  Majority  Report. 

Mr.  Dove  resumed  the  chair. 

Mr.  Corcoran  moved  as  a  substitute  that  the  Minority  Report,  being 
Proposal  No.  368,  b,e  substituted  for  section  1  of  the  Majority  Report. 

Which  motion  Avas  ruled  out  of  order  by  the  Chair. 

Mr.  Corcoran  thereupon  appealed  from  the  decision  of  the  Chair. 

Pending  discussion,  Mr.  Dove  AvithdreAV  his  substitute  motion  for 
the  motion  offered  by  Mr.  Wolff. 

Whereupon  the  motion  offered  by  Mr.  Corcoran  that  Minority 
Report  be  siibstituted  for  section  1  of  the  Majority  Report  Avas  declared 
in  order. 

Pending  further  discussion,  Mr.  Corcoran  Avithdrew  his  motion. 

The  question  then  being  on  the  adoption  of  section  1  of  Proposal 
No.  367,  the  Majority  Report. 

Mr.  Migholl  offered  the  following  amendment  and  moved  its  adop- 
tion: 


156  JOURNAL   OF    THE  [Nov.    22, 

AMENDMENT  No.  1. 

Amend  section  1  of  Proposal  No.  367  in  line  21  after  the  word  "proposi- 
tion" by  striking  out  the  words  "and  by"  and  inserting  in  lieu  thereof  the 
following:  "of  which  approving  majority  vote  not  more  than  one  third  shall 
come*  from  territory  now  including1  in  a  single  county  and  shall  also 
consist  of". 

Mr.  Michaelson  moved  that  Amendment  No.  1  bo  laid  on  the  table. 

Which  motion  was  ruled  out  of  order  by  the  Chair. 

The  question  being  on  the  adoption  of  Amendment  No.  1,  it  was 
decided  in  the  negative. 

Mr.  Scanlan  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  2. 

Amend  section  1  of  Proposal  No.  367,  by  inserting  after  the  word  "with- 
out" in  line  13  the  word  "material". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  1,  a  division  was 
had  resulting  as  follows :  Yeas,  15 ;  nays,  40. 

And  the  section  was  lost. 

Section  2  being  taken  up  and  read. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption :  • 

AMENDMENT  No.  3. 

Amend  section  2  by  adding  the  following  after  line  39  as  a  separate 
paragraph. 

"F"  No  act  or  part  thereof  shall  be  submitted  to  the  electors  on 
referendum  petition  which  makes  appropriations  for  the  ordinary  and  con- 
tingent expenses  of  the  State  Government  and  State  Institutions,  or  which 
affects  the  pleading  practice  or  procedure  of  the  Courts." 

The  question  being  on  the  adoption  of  Amendment  No.  3,  a  division 
was  had  resulting  as  follows:  Yeas,  23;  nays,  35. 

And  the  amendment  was  lost. 

At  the  hour  of  11 :05  o'clock  p.  in.,  Mr.  Sutherland  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OP   THE   WHOLE.  157 


TUESDAY,  NOVEMBER  23,  1920. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Dove,  Chairman  of  the  Committee  on  Initiative,  Referendum 
and  Recall,  presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  discus- 
sion, on  yesterday,  the  consideration  of  the  reports  from  the  Committee 
on  Initiative/  Referendum  and  Recall, *being  Proposals  numbered  367, 
368,  371,  and  the  report  of  Mr.  Dove  presented  on  May  20,  the  same 
were  again  taken  up. 

And  the  pending  question  being  the  adoption  of  section  2  of  Pro- 
posal No.  367. 

Mr.  Wolff  moved  to  reconsider  the  vote  by  which  Amendment  No. 
•j,  to  section  2,  was  lost. 

And  the  question  being  on  the  motion  to  reconsider,  a  division  was 
had  resulting  as  follows:  Yeas.  27;  nays,  37. 

And  the  motion  was  lost. 

The  question  then  being  on  Ihe  adoption  of  section  2,  a  division 
was  had  resulting  as  follows:  Yeas,  20;  nays,  45. 

And  section  2  was  lost.  • 

Section  3  being  taken  up  and  read,  Mr.  O'Brien  moved  its  adop- 
tion. 

And  the  motion  was  lost. 

Section  4  being  taken  up  and  read,  Mr.  O'Brien  moved  its  adop- 
tion. 

And  the  motion  was  lest. 

Proposal  No.  368  was  taken  up  and  considered  section  by  section 
as  follows : 

Section  1  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  2  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  3  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  4  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  5  being  taken  up  and  read.  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 


158  JOURNAL   OF    THE  [Nov.    23, 

Section  G  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  7  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  8  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Section  9  being  taken  up  and  read,  Mr.  Corcoran  moved  its  re- 
jection. 

And  the  motion  prevailed. 

Proposal  No.  371,  was  taken  up  and  considered  section  by  section 
as  follows : 

Section  1  was  taken  up  and»read. 

And  the  question  being  on  the  adoption  of  the  section,  it  was 
decided  in  the  negative. 

The  Minority  Eeport  presented  by  Mr.  Dove  on  May  20,  was  then 
taken  up  and  read. 

Whereupon  Mr.  Goodyear  moved  that  the  report  be  adopted. 

And  the  question  being  on  the  motion  to  adopt,  a  division  was  had 
resulting  as  follows:  Yeas,  44;  nays,  19. 

The  motion  prevailed  and  the  report  was  adopted. 

At  the  hour  of  10:40  o'clock  a.  m.,  Mr.  Paddock  moved  that  the 
Committee  do  now  rise  and  report  progress. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF   THE    WHOLE.  159 


TUESDAY,  NOVEMBER  23,  1920. 

At  the  hour  of  10 :35  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  the  report  from  the 
Committee  on  Chicago  and  Cook  County,  heing  Proposal  No.  385. 

Mr.  Hull,  Chairman  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

Proposal  No.  385,  was  taken  up,  read  at  large  and  considered  sec- 
tion by  section  as  follows : 

Mr.  Hull  having  called  Mr.  Wilson  to  the  chair. 

Section  1  was  taken  up  and  read,  and  no  amendments  being  offered, 
was,  on  motion  of  Mr.  Hull,  adopted. 

Section  2  being  taken  up  and  read. 

Mr.  Hamill  moved  to  reconsider  the  vote  by  which  section  1  was, 
heretofore,  adopted. 

And  the  motion  prevailed. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  1. 

Amend  section  1  of  Proposal  No.  385  by  striking  out  all  words  after 
the  word  "purpose"  in  line  3  down  to  and  including  the  word  "law"  in 
line  6. 

Pending  consideration,  Mr.  Hamill,  by  unanimous  consent,  amended 
his  amendment  by  adding  prior  to  the  word  "subject"  in  line  1  the 
words  "except  as  expressly  limited  by  law." 

Pending  further  consideration.  Mr.  Hamill  withdrew  his  amend- 
ment. 

Mr.  Miller  offered  the  following  amendment  nnd  moved  its  adop- 
tion : 

AMENDMENT  No.  2. 

Amend  section  1  by  striking  out  the  first  six  words  in  line  1  and 
inserting  in  lieu  thereof  the  words  "except  as  expressly  limited;  by  law 
"and  striking  out  all  after  the  word  "purposes"  in  line  3  down  to  and  in- 
clusing  the  word  "law"  in  line  6. 

And  the  amendment  was  adopted. 

Mr.  Hull  moved  that  section  1,  as  amended,  be  now  adopted. 
And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  2. 
Mr.  Miller  offered  the  following  amendment  and  moved  its  adop- 
tion: 


160  JOUBNAL   OF    THE  [^<>V.    23, 

AMENDMENT  No.  3. 

Amend  section  2  by  changing  the  word  "laws"  in  line  16  to  read 
"statutes". 

And  the  amendment  was  adopted. 

Mr.  Dupny  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  4. 

Amend  section  2  by  striking  out  in  line  17  the  words  "not  be  in  con- 
flict with"  and  inserting  in  lieu  thereof  the  words  "conform  to  the". 

And  the  amendment  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  it?  adop- 
tion : 

AMENDMENT  No.  5. 

Amend  section  2  by  striking  out  all  after  the  word  "delegates"  in 
line  5  to  and  including  the  word  "convention"  in  line  8. 

And  the  amendment  was  lost. 

!Mr.  Rinaker  offered  the  following  as  a  substitute  for  section  2  and 
moved  its  adoption : 

Section  2.  A  certified  copy  of  any  charter  or  of  any  amendment  there- 
to, which  may  be  adopted  by  the  City  of  Chicago  hereunder,  shall  be  filed 
with  the  Secretary  of  State  of  the  State  of  Illinois,  within  thirty  days 
after  the  adoption  by  vote  of  the  citizens  and  shall  no  take  effect  until  so 
filed. 

And  the  substitute  was  lost. 

The  question  recurring  on  the  adoption  of  section  2,  as  amended,  it 
was  decided  in  the  affirmative. 

Section  3  being  taken  up  and  read,  Mr.  Hull  moved  its  adoption. 

And  the  question  being  on  that  motion,  a  division  was  had  result- 
ing as  follows:  Yeas,  31;  nays,  3. 

And  the  motion  prevailed. 

Section  4  being  taken  up  and  read. 

Mr.  Miller  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  6. 

Amend  section  4  by  striking  out  the  words  "public  utilities"  in  line  2 
and  inserting  in  lieu  thereof  the  words  "property  for  the  supply  of  trans- 
portation, communication,  light,  eat,  power  or  water". 

Pending  discussion,  further  consideration  of  section  4  and  the 
pending  amendment  were  temporary  postponed. 

Section  5  being  taken  up  and  read. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  7. 

Amend  section  5  by  striking  out  the  words  "shall  be  authorized  to"  in 
line  1  and  inserting  in  lieu  thereof  the  word  "may". 

Pending  discussion,  Mr.  Tocld  moved  that  further  consideration  of 
section  5  and  the  pending  amendment  be  temporary  postponed. 


1920.]  COMMITTEE    OF   THE    WHOLE.  161 

And  the  motion  prevailed. 

Section  6  being  taken  up  and  read. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption  : 

AMENDMENT  No.  7. 

Amend  section  6  by  adding  at  the  end  thereof  the  following:  "This 
section  shall  not  apply  to  warehouses  where  provision  concerning  public 
warehousing  appears  in  this  Constitution." 

Pending  consideration,  at  the  hour  of  6 :00  o'clock  p.  m.,  Mr.  Todd 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


—11  C  W 


162  JOURNAL   OF    THE  [^OV.    24, 


WEDNESDAY,  XOVEMBEH  24,  1920. 

At  the  hour  of  9  :25  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  further  consideration  of  the  report  from 
the  Committee  on  Chicago  and  Cook  County,  being  Proposal  oSTo.  385. 

Mr.  Wilson,  member  of  the  Committee  on  Chicago  and  Cook 
Count}',  presiding.  . 

The  pending  question  being  the  adoption  of  Amendment  Xo.  ?,  to 
section  6,  offered  by  Mr.  Hull. 

Mr.  Hull  thereupon  withdrew  his  amendment. 

And  offered  the  following  in  lieu  thereof,  and  moved  its  adoption : 

AMENDMENT  No.  8. 

Amend,  section  6  of  Proposal;  No.  385  by  striking  out  in  line  2  the 
words  "government  or  to  the"  and  inserting  in  lieu  thereof  the  words 
"Governmental"  and  also  in  line  5  by  striking  out  the  words  "government 
or  the"  and  inserting  "governmental". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  7  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.'  Hull,  adopted. 

Section  8  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  9  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  10  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  11  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  12  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  13  being  taken  up  and  read. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  9. 

Amend  section  13  of  Proposal  No.  385  by  striking  out  the  period  after 
the  figures  "1915"  in  line  7  and  inserting  the  following  "or  any  amendment 
thereof". 
*     And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  13  as  amended, 
it  was  decided  in  the  affirmative. 

Section  14  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 


l!)-^().]  COMMITTEE    OF    THE    AYUOLE.  Kio 

At  the  hour  of  10 :45  o'clock  a.  m.,  Mr.  D'awes  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

.    And    on    that   motion    a   division    was   had    resulting    as.   follows: 
Yeas,  13;  nays,  16. 

And  the  motion  was  lost. 

Section  15  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  16  being  taken  up  and  read  and  no  amendments  being 
offered  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  17  being  taken  up  and  read. 

Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  10. 

Amend  section  17  of  Proposal  No.  385  by  inserting  before  the  words 
"The  General  Assembly"  in  line  1  the  following  "Subjects  to  sections  8,  9, 
10,  11  and  12  of  the  Revenue  Article". 

At  the  hour  of  10 :53  o'clock  a.  m.,  Mr.  Miller  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


164  JOURNAL   OF    THE  [Nov.    29, 


MONDAY,  NOVEMBER  29,  1920. 

At  the  hour  of  3  :30  o'clock  p.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole  foi;  the  further  consideration  of  the  report  from 
the  Committee  on  Chicago  and  Cook  County,  being  Proposal  No.  385. 

Mr.  Wilson,  member  of  the  Committee  on  Chicago  and  Cook 
County,  presiding. 

The  pending  question  being  the  adoption  of  Amendment  No.  10, 
to  section  17,  offered  by  Mr.  Hull. 

It  was  decided  in  the  affirmative. 

Mr.  Sutherland  offered  the  following  amendment  and"  moved  its 
adoption : 

AMENDMENT  No.  11. 

Amend  section  17  of  Proposal  No.  385  by  adding  at  the  end  thereof  a 
new  paragraph  to  read  as  follows: 

"Such  an  ordinance  shall  not  be  adopted  oftener  than  once  in  ten  years 
and  the  maximum,  limit  of  indebtedness,  when  so  extended  shall  never 
exceed  ten  per  cent  of  the  full  value  of  taxable  property  within  the  corporate 
limits  of  the  City  of  Chicago  as  ascertained  by  the  last  assessments  for 
State  and  County  taxes. 

And  the  amendment  was  adopted.  .    . 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  12. 

Amend  section  17  of  Proposal  No.  385,  as  amended,  by  adding  at  the 
end  f hereof  a  new  section  to  read  as  follows: 

"The  limit  of  special  indebtedness  made  possible  under  sections  9, 
10,  11  of  the  Revenue  Article  shall  in  no  case  be  increased  under  the 
provisions  of  this  section. 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  13. 

Amend  section  17  in  line  2  after  the  word  "Chicago"  by  adding  the 
following  "after  the  consolidation  with  said  city  of  all  of  the  municipal 
corporations  lying  wholly  or  partly  within  said  city". 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  22;  nays,  13. 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and -moved  its 
adoption : 


1920.  I  COMMITTEE    OF   THE    \V1101.K.  105 

AMENDMENT  No.  14. 

Amend  section  17,  as  amended,  by  adding  at  the  end  of  the  second 
paragraph  after  the  words  "County  taxes"  a  new  paragraph  to  read  as 
follows:  "Such  an  ordinance  if  rejected  shall  not  be  resubmitted  within 
two  years  from  the  date  of  such  original  submission". 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  15. 

Amend  section  17  by  striking  out  the  word  "voters"  in  line  6  and  in- 
serting in  lieu  thereof  the  words  "tax  payers". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption,  of  section  17,  as  amended, 
a  division  was  had  resulting  as  follows:  Yeas,  22;  nays,  15. 

And  the  section,  as  amended,  was  adopted. 

Section  1  of  Article  2  of  Proposal  No.  385,  being  taken  up  and 
read,  and  no  amendments  being  offered,  was,  on  motion  of  Mr.  Hull, 
adopted. 

Section  2  being  taken  up  and  read. 

Mr.  Cutting  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  16. 

Amend  section  2  by  striking  out  in  line  3  and  4  the  words  "who  shall 
be  clerk  of  the  County  Court". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  3  being  taken  up  and  read  and  no  amendments  being 
offered,  was,  on  motion  of  Mr.  Hull,  adopted. 

Section  4  being  taken  up  and  read. 

Mr.  Maher  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  17. 

Amend  section  4  by  striking  out  in  line  3  the  following  words  "received 
by  any  county  officer". 

And  the  amendment  was  adopted. 

By  unanimous  consent,  the  words  "at  least  monthly"  were  inserted 
after  the  word  "treasurer"  in  line  4  of  section  4. 

Mr.  Gale  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  18. 

Amend  section  4  by  striking  out  the  second  sentence  beginning  with 
the  word  "all"  in  line  2  down  to  and  including  the  word  "treasurer"  in 
line  4. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  4,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  5  being  taken  up  and  read. 


16G  JOURNAL   OF   THE  [Nov.    29, 

Mr.  Maher  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  19. 

Amend  section  5  by  striking  out  in  line  3  the  words  "received  by  him". 
The  question  being  on  the  adoption  of  the  amendments,  a  division 
was  had  resulting  as  follows:     Yeas,  13;  na.ys,  14. 
And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  20. 

Amend  section  5  by  striking  out  in  line  1  the  words,  ''a  semi-annual" 
and  by  inserting  the  words  !'at  least  semi-annually"  after  the  word  "oath" 
in  line  2. 

And  the  amendment  was  adopted. 

The  question  being  on  the  adoption  of  section  5  as  amended,  it  was 
decided  in  the  affirmative. 

Section  (>  being  taken  up  and  read. 

Mr.  Cruden  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  21. 

Amend  section  6  by  striking  out  in  lines  4  and  6  the  words  "a  majority" 
and  inserting  in  lieu  thereof  the  words  "three  fifths". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  6,  it  was 
decided  in  the  affirmative. 

Section  7  being  taken  up  and  reael. 

Mr.  Crude]i  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  22. 

Amend  section  7  by  striking  out  in  line  4  the  words  "a  majority"  and 
inserting  in  lieu  thereof  the  words  "three  fifths". 
And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  7  it  was  decided 
in  the  affirmative. 

Section  8  being  taken  up  and  read. 

Mr.  Cruden  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  23. 

Amend  section  8  by  striking  out  in  line  22  the  words  "a  majority"  and 
inserting  in  lieu  thereof  the  words  "three  fifths". 
And  the  amendment  was  "lost. 

Mr.  Maher  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  24. 

Amend  section  8  by  inserting  after  the  word  "law"  in  line  23  the  words 
"enacted  thereafter". 


1920.]  COMMITTEE   OF    THE    WHOLE.  167 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  8,  it  was  decided 
in  the  affirmative. 

Section  4  of  Article  1  of  Proposal  No.  385,  having  been  heretofore 
temporarily  postponed,  was  again  taken  up. 

Whereupon,  Mr.  Hull  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  25. 

Amend  section  4  of  Article  1  by'  inserting  in  line  2  after  the  words 
"to  sell"  the  words  "the  same  or",  also  by  adding  at  the  end  of  line  3 
the  following  "but  maybe  reasonably  regulated  by  general  law". 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  4  as  amended, 
a  division  was  had  resulting  as  follows:  Yeas,  21 ;  nays,  19. 

And  section  4,  as  amended,  was  adopted. 

Section  5  of  Article  1  of  Proposal  No.  385,  having  been  heretofore 
temporarily  postponed,  was  again  taken  up. 

Whereupon  Mr.  Hamill  offered  the  following  amendment  and  moved 
its  adoption: 

AMENDMENT  No.  26. 

Amend  section  5  by  striking  out  in  line  2  the  word  "acquisition"  and 
in  line  3  the  words  "ownership,  leasing,  maintenance  and  operation  of 
public  or"  and  all  of  line  4.  Insert  before  the  word  "local"  the  word  "of" 
in  line  3. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  5,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Sutherland  moved  that  the  vote  by  which  section  3,  was  here- 
tofore adopted,  be  reconsidered. 

Pending  consideration,  at  the  hour  of  11 :05  o'clock  p.  m.,  Mr. 
Miller  moved  that  the  Committee  do  now  rise,  report  progress  and  ask 
leave  to  sit  again. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  14;  nays,  27. 

And  the  motion  was  lost. 

The  question  recurring  on  the  motion  to  reconsider  the  vote  by 
which  section  3  was  heretofore  adopted. 

A  division  was  had  resulting  as  follows:     Yeas,  15;  nays,  18. 

And  the  motion  was  ]ost. 

The  question  then  being  on  the  adoption  of  Proposal  No.  385,  as 
a  whole. 

It  was  decided  in  the  affirmative. 

At  the  hour  of  11 :20  o'clock  p.  m.,  Mr.  Hull  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed 


168  JOURNAL   OF   THE  [Nov.    30, 


TUESDAY,,  NOVEMBER  30,  1920. 

At  the  hour  of  9:10  o'clock  a.  ra.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  DeYoung,  Chairman  of  the  Committee  on  Judicial  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having,  heretofore,  had  under  dis- 
cussion, on  November  22,  the  consideration  of  the  reports  of  the  Com- 
mittee on  Judicial  Department,  being  Proposals  numbered  383  and 
384,  the  same  were  again  taken  up. 

Mr.  DeYoung,  having  called  Mr.  Cutting  to  the  chair. 

Mr.  Todd,  member  of  the  Committee  on  Judicial  Department, 
stated  to  the  Committee  of  the  Whole  that  for  unavoidable  reasons,  IIP, 
had  not  had  an  opportunity  to  sign  the  Minority  Eeport,  presented  by 
a  number  of  members  of  the  Committee,  before  it  was  printed  but  that 
he  coincided  with  the  views  expressed  in  the  Minority  Report. 

Sections  5,  6  and  7  of  Proposal  No.  383  having  been  heretofore 
temporary  postponed,  were  taken  up  for  consideration. 

Whereupon  Proposal  No.  384,  offered  as  a  Minority  Eeport  for 
sections  5,  (5  and  7  of  the  Majority  Eeport,  was  also  taken  up  and  read. 

Whereupon  Mr.  Green  moved  that  section  5  of  the  Minority  Eeport 
be  substituted  for  section  5  of  the  Majority  Eeport. 

And  on  that  motion,  a  division  was  had  resulting  as  follows: 
Yeas,  43;  nays,  33. 

It  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  5,  as  substi- 
tuted, a  division  was  had  resulting  as  follows:  Yeas,  44;  na}rs,  32. 

And  section  5,  was  adopted. 

Pending  further  consideration,  Mr.  Hamill  moved  that  sections  G 
and  7  of  the  Majority  and  Minority  Reports,  together  with  sections  33 
and  47  of  the  Majority  Eeport  be  reported  back  to  the  Convention  with 
the  recommendation  that  they  be  recommitted  to  the  Committee  on 
Judicial  Department. 

And  the  motign  prevailed. 

Mr.  Jarrnan  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  14. 

Amend  Proposal  No.  383  by  adding  a  new  section  thereto  to  read  as 
follows: 

Section  —  No  action  or  proceeding  shall  be  open  to  objection  on  the 
ground  that  a  merely  declaratory  judgment  or  degree  or  order  is  sought 
thereby  and  the  Court  may  make  a  binding  declaration  or  right,  whether 
any  consequential  relief  is  or  could  be  claimed,  or  not,  in  such  cases  and 
in  such  manner  as  may  be  provided  by  law. 


1920.]  COMMITTEE   OF   THE    WHOLE.  169 

Mr.  Dupuy  moved  that  Amendment  No.  14,  offered  by  Mr.  Jarman, 
be  reported  back  to  the  Convention  with  the  recommendation  that  it  bo 
committed  to  the  Committee  on  Judicial  Department  for  consideration. 

And  the  motion  prevailed. 

Mr.  M'ichal  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  15. 

Amend  Proposal  No.  383  by  adding  thereto  a  new  section  to  read  as 
follows: 

Secition  —  The  concurrence  of  not  less  than  five  justices  of  the 
Supreme  Court  must  be  had  in  all  causes  brought  for  review  by  way  of 
writ  of  error,  appeal  or  otherwise  which  involves  questions  of  the  validity 
•of  statutes  or  municipal  ordinances. 

Mr.  Dupuy  moved  that  Amendment  No.  15,  be  reported  back  to 
the  Convention  with  the  recommendation  that  it  be  committed  to  the 
Committee  on  Judicial  Department  for  consideration. 

And  the  motion  prevailed. 

Mr.  Miller  offered  the  following  amendment  to  Proposal  No.  383 
and  recommended  that  it  be  reported  back  to  the  Convention  with  the 
recommendation  that  it  be  committed  to  the  Committee  on  Judicial 
Department  for  consideration : 

AMENDMENT  No.  16. 

Amend  Proposal  No.  383  by  adding  thereto  a  new  section  as  follows: 

Whenever  electors  of  Cook  County  equal  in  number  to  one-tenth  of 
the  vote  cast  for  all  candidates  for  President  of  the  County  Board  of 
Commissioners  at  the  last  preceding  election  thereof  shall  petition  the 
Chief  Justice  of  the  Circuit  Court  of  said  county  to  submit  to  a  vote  of 
the  electors  thereof  the  proposition  as  to  whether  said  county  shall  adopt 
"a  system  of  appointment  of  Cook  County  Circuit  and  District  Judges", 
it  shall  be  the  duty  of  such  Chief!  Justice  to  submit  such  proposition  to 
a  special  county  election  to  be  called  by  such  Judge  within  ninety  days,  by 
entering  of  record  in  said  court  an  order  to  that  effect.  But  if  at  any  such 
special  election  such  proposition  shall  not  be  adopted,  said  proposition  shall 
not  be  again  submitted  for  two  years.  Such  election  shall  be  held  under 
the  election  laws  in  force  in  Cook  County.  If  such  proposition  receives  the 
affirmative  vote  of  a  majority  of  those  voting  thereon  "a  system  of  ap- 
pointment of  Cook  County  Circuit  and  District  Judges"  shall  be  adopted, 
and  the  Chief  Justice  shall  proclaim  the  adoption  thereof.  Such  election 
shall  be  held  under  the  election  laws  in  force  in  Cook  County.  The  form 
of  such  petition,  and  of  its  verification,  and  of  the  ballots  to  be  used  in  such 
election  and  the  manner  of  voting  therein,  and  the  public  notice  thereof  to 
be  given,  and  the  method  of  certification  and  recording  of  the  result  of  said 
election,  shall  be  prescribed  by  law,  or  by  the  Supreme  Court  in  case  the 
same  -shall  not  have  been  prescribed  by  law. 

After  the  adoption  of  such  proposition,  the  method  of  choosing  judges 
of  the  Circuit  and  District  Courts  of  Cook  County  shall  be  as  follows: 
Upon  the  occurance  of  a  vacancy  in  the  office  of  any  judge  in  said  county, 
the  Governor  shall  fill  such  vacancy  by  appointment,  from  a  list  of  eligible 
persons  furnished  to/  him  by  a  majority  of  the  Judges  of  the  Supreme 
Court,  including  a  majority  of  the  Judges  thereof  from  the  Seventh  Supreme 
Judicial  District,  which  list  shall  contain  the  names  of  four  or  more  persons 
for  each  judge  to  be  appointed,  no  more  than  half  of  whom  shall  be  affiliated 
with  the  same  political  party. 

Excepting  as  in  this  section  is  otherwise  provided,  each  judge  appointed 
by  the  Governor  for  said  county  of  Cook  shall  hold  his  office  during  good 


170  JOURNAL   OF    THE  [Nov.    30, 

behavior.  At  the  annual  election  in  November,  A.  D.  1927,  and  at  the 
annual  election  in  November  of  every  sixth  year  thereafter,  an  election 
shall  be  held  in  the  County  of  Cook  to  enable  the  duly  qualified  elector)? 
thereof  to  express  their  approval  or  disapproval  of  the  judges  so  appointed 
and  then  in  office.  The  method  of  voting  and  the  form  of  ballots  to  be  used 
at  such  elections  shall  be  prescribed  by  law.  If  at  any  such  election  a 
majority  of  the  electors  of  said  county-voting  at  such  election  shall  by  their 
votes  express  their  disapproval  of  any  such  judge,  his  office  shall,  after 
the  expiration  of  ninety  days  therefrom  become  vacant,  and  he  shall  be 
ineligible  to  appointment  as  a  judge  of  said  court  for  a  period  of  six  years 
thereafter. 

And  the  motion  prevailed. 

At  the  hour  of  f>  :30  o'clock  p.  m.,  Mr.  Trautmann  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed.  ^ 


1920.]  COMMITTEE   OF    THE    WHOLE.  171 


WEDNESDAY,  DECEMBER  1,  1920. 

At  the  hour  of  10  :00  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  matters  on  the  General 
Orders. 

Mr.  O'Biien,  Chairman  of  the  Committee  on  Miscellaneous  Sub- 
jects, presiding.  „ 

Proposal  No.  382,  being  the  first  matter  on  the  General  Orders  for 
consideration,  was  taken  up  and  read  at  large. 

Mr.  O'Brien  having  called  Mr.  Brandon  to  the  chair. 

Mr.  Cooley  moved  that  Proposal  No.  382  be  adopted. 

And  on  that  motion  a  division  was  had  resulting  as  follows : 
Yeas,  46 ;  nays,  12. 

And  the  motion  prevailed. 

Proposal  No.  297  being  the  next  matter  on  the  General  Orders, 
was  taken  up  and  read  at  large. 

Whereupon  Mr.  Dupuy  moved  that  the  report  of  the  Committee  on 
Schedule  be  concurred  in  and  that  Proposal  No.  297  be  rejected. 

And  the  motion  prevailed. 

Proposal  No.  224  being  the  next  matter  on  the  General  Orders,  was 
taken  up  and  read  at  large. 

Whereupon  Mr.  Kunde  moved  that  the  report  of  the  Committee  on 
Miscellaneous  Subjects  be  rejected  and  that  Proposal  No.  224  be 
adopted. 

On  that  motion  a  division  was  had  resulting  as  follows :  Yeas,  11 ; 
nays,  44. 

And  the  motion  was  lost. 

Mr.  Whitman  moved  that  the  report  of  the  Committee  on  Miscel- 
laneous Subjects  on  Proposal  No.  224  be  adopted  and  that  the  Proposal 
be  rejected. 

And  the  motion  prevailed. 

Proposal  No.  342  being  the  next  matter  on  the  General  Orders,  was 
taken  up  and  read  at  large. 

Whereupon  Mr.-  Hamill  moved  that  the  report  of  the  Committee  on, 
Miscellaneous  Subjects  be  adopted  and  that  the  Proposal  be  rejected. 

On  that  motion  a  division  was  had  resulting  as  follows:  Yeas,  40; 
nays,  15. 

And  the  motion  prevailed. 

Mr.  Dupuy  moved  that  the  Attorney  General  be  requested  to 
render  an  opinion  to  the  Constitutional  Convention  in  reference  to 
Proposal  No.  382. 

And  the  motion  prevailed. 

At  the  hour  of  10 :45  o'clock  a.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


JOURNAL  OF  THE  [Dec.  1, 


WEDNESDAY,  DECEMBER  1,  1920. 

At  the  hour  of  2  :05  o'clock  p.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  reconsideration  of  sections  6  and  7  of 
Proposal  No.  366. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding. 

Mr.  Barr  moved  to  reconsider  the  vote  by  which  Proposal  No.  366 
was  heretofore  adopted,  as  a  whole,  in  Committee  of  the  Whole,  on 
June  23. 

And  the  motion  prevailed. 

Mr.  Barr  thereupon  moved  to  reconsider  the  vote  by  which  section  6 
of  Proposal  No.  366  was  heretofore  adopted. 

And  the  motion  prevailed. 

Mr.  Barr  then  offered  the  following  as  a  substitute  for  section  6, 
and  moved  its  adoption : 

Section  6.  The  General  Assembly  shall  apportion  ,the  State  at  any  ses- 
sion which  may  be  then  pending,  or  it'  none,  then  at  its  first  session  follow- 
ing the  adoption  of  this  Constitution  and  in  the  year  1931  and  every  ten 
(10)  years  thereafter  into  fifty-seven  (57)  senatorial  districts,  each  of  which 
shall  elect  one  senator  whose  term  of  office  shall  be  four  (4)  years,  and  the 
basis  of  senatorial  apportionment  shall  be  the  number  of  voters  who  voted 
for  Governor  at  the  last  regular  election  at  which  a  Governor  was  elected 
previous  to  the  apportionment. 

The  territory  now  constituting  the  County  of  Cook  shall  be  divided  by 
the  General  Assembly  into  nineteen  (19)  senatorial  districts  and  the  number 
of  such  voters  in  that  territory  shall  be  divided  by  the  number  nineteen 
(19)  and  the  quotient  shall  be  the  ration  of  representation  in  the  senate 
for  that  territory. 

The  territory  now  constituting  the  remainder  of  the  State  shall  be 
divided  by  the  General  Assembly  into  thirty-eight  (38)  senatorial  districts 
and  the  number  of  such  voters  in  that  territory  shall  be  divided  by  the 
number  thrity-eight  and  the  quotient  shall  be  the  ratio  of  representation  in 
the  senate  for  that  territory. 

When  a  county  contains  two  (2)  or  more  rations  of  its  territory  it 
shall  be  divided  by  the  General  Assembly  into  as  many  senatorial  districts 
as  it  has  such  ratios.  Districts  in  counties  so  divided  shall  be  bounded  by 
precinct  or  ward  lines,  or  both;  all  other  senatorial  districts  shall  be  bounded 
by  county  lines. 

All  senatorial  districts  shall  be  formed  of  compact  and  contiguous 
territory  and  the  districts  in  each  territory  shall  contain  as  nearly  as 
practicable  an  equal  number  of  such  electors,  but  in  no  case  less  than  four- 
fifths  (%)  of  the  ratio  for  that  territory. 

Senators  shall  be  so  elected  that  the  term  of  those  now  in  office  shall 
not  be  disturbed.  They  shall  be  divided  into  two  classes  so  that  one-half 
as  nearly  as  practicable  shall  be  chosen  biennially. 

Mr.  Davis  offered  the  following  amendment  to  the  substitute  offered 
for  section  6  and  moved  its  adoption : 


1920.]  COMMITTEE   OF    THE    WHOLE.  173 

AMENDMENT  No.  1. 

Amend  tire  substitute  for  section  6  by  striking  out  in  line  5  the  words 
and  figures  "fifty-seven  (57)"  and  inserting  in  lieu  thereof  the  words  and 
figures  "fifty-one  (51)". 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows:  Yeas,  31;  nays,  59. 

And  the  amendment  was  lost. 

Mr.  Corcoran  offered  the  following  amendment  to  the  substitute 
offered  for  section  6  and  moved  its  adoption : 

AMENDMENT  No.  2.' 

Amend  the  substitue  for  section  6  by  striking  out  all  of  line  2  after 
the  word  "state"  all  of  line  three  and  the  word  "and"  in  line  4. 

And  the  amendment  was  lost. 

The  question  recurring  on  the  adoption  of  the  substitute  offered 
for  section  6,  a  division  was  had  resulting  as  follows:  Yeas,  58; 
nays,  30. 

And  the  substitute  for  section  6  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Barr  moved  to  reconsider  the  vote  by  which  section  7  of  Pro- 
posal No.  366,  was  heretofore,  adopted. 

And  the  motion  prevailed. 

Mr.  Barr,  thereupon,  offered  the  following  as  a  substitute  for  sec- 
tion 7  and  moved  its  adoption: 

Section  7.  At  the  same  time  that  the  senatorial  apportionment  is  made 
the  State  shall  be  apportioned  into  representative  districts. 

Members  of  the  House  of  Representatives  shall  be  elected  for  the  term 
of  two  (2)  years  from  each  county  or  district. 

Each  county  shall  be  entitled  to  one  representative  in  the  House  of 
Representatives.  Each  county  having  a  population  in  excess  of  fifty 
thousand  (50,000)  shall  have  one  additional  representative  for  each  addi- 
tional fifty  thousand  (50,000)  population,  or  major  fraction  thereof. 

Each  county  entitled  to  more  than  one  representative  shall  be  divided 
by  the  General  Assembly  into  as  many  representative  districts  as  there  are 
representatives  to  be  elected  from  such  county.  Such  districts  shall  be 
formed  of  compact  and  contiguous  territory  bounded  by  precinct  line  and 
containing  as  nearly  as  practicable  an  equal  number  of  inhabitants,  but 
in  no  case  less  than  four-fifths  (%)  of  the  quotient  resulting  from  dividing 
the  population  of  that  county  by  the  number  of  representatives  to  which 
it  is  entitled. 

Mr.  Gale  offered  the  following  amendment  to  the  substitute  fof 
section  7  and  moved  its  adoption: 

AMENDMENT  No.  3. 

Amend  the  substitute  offered  for  section  7  by  inserting  after  para- 
graph 3  the  following:  "when  any  County  shall  be  found  t6,  have  less 
than  15,000  population  within  its  boundaries  as  ascertained  by  the  Federal 
Census  immediately  preceding  any  apportionment  such  county  vshall  there- 
upon become  consolidated  with  the  adjoining  county  of  least  population  and 
the  apportionment  herein^  provided  for  shall  apply  to  such  consolidated 
county. 


174  JOURNAL    OF    THE  [Dec.    1, 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
was  had  resulting  as  follows :  Yeas.  36 :  nays,  52. 

And  the  amendment  was  lost. 

At  the  hour  of  5 :40  o'clock  p.  m.,  Mr.  Corcoran  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  was  lost. 

At  the  hour  of  5  :42  o'clock  p.  m.,  Mr.  Corcoran  moved  that  the 
Committee  do  now  take  a  recess  until  8:00  o'clock  p.  m. 

And  the  motion  was  ruled  out  of  order. 

Pending  discussion,  at  the  hour  of  5 :45  o'clock  p.  m.,  Mr.  Barr 
moved  that  the  Committee  do  now  rise,  report  progress,  and  ask  leave  to 
sit  again. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    THE    WHOLE.  175 


THURSDAY,  DECEMBER  2,  1920. 

At  the  hour  of  9  :lo  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Shanahan,  Chairman  of  the  Committee  on  Legislative  Depart- 
ment, presiding. 

The  Committee  of  the  Whole  having  had  under  discussion,  on  yes- 
terday, the  reconsideration  of  section  7,  of  Proposal  No.  366,  the  same 
was  again  taken  up. 

And  the  pending  question  being  the  adoption  of  the  substitute 
offered  by  Mr.  Barr. 

A  division  was  Jiad  resulting  as  follows :     Yeas,  48 ;  nays,  36. 

And  the  substitute  was  adopted. 

The  question  then  being  on  the  adoption  of  section  7,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Barr  moved  that  Proposal  'No.  3GG,  as  amended,  be  again 
adopted  as  a  whole  and  reported  back  to  the  Convention  with  the  recom- 
mendation that  it  do  pass. 

And  the  motion  prevailed. 

Mr.  Barr  thereupon  offered  the  following  'resolution  and  moved  its 
adoption  : 

Resolved,  That  there  be  submitted  to  the  voters  of  the  State  as  an  alter- 
native proposition  to  be  voted  upon  separately  and  become  effective  only  as 
a  substitute  for  section  7  of  the  Article  on  Legislative  Department,  if  the 
Constitution  shall  be  adopted,  and  if  such  substitute  be  also  adopted,  as 
shall  be  provided  in  the  Article  on  Schedule,  the  following: 

Section  7.  The  General  Assembly,  whenever  the  State  shall  be  appor- 
tioned into  senatorial  districts,  shall  apportion  the  State  by  dividing  the 
population^  of  the  State,  as  ascertained  by  the  (last  preceding)  Federal 
census,  by  the  number  one  hundred  fifty-three,  and  the  quotient  shall  be  the 
ratio  of  representation  in  the  House  of  Representatives. 

The  State  shall  be  divided  into  one  hundred  and  fifty-three  represent- 
ative districts  each  of  which  shall  elect  one  representative,  whose  term 
of  office  shall  be  twoyears.  Representative  districts  shall  be  formed  of 
contiguous  and  compact  territories  bounded  by  county  lines,  and  contain, 
as  nearly  as  practicable,  an  equal  number  of  inhabitants;  but  no  district 
shall  contain  less  than  four-fifths  of  the  representative  ratio. 

Counties  containing  not  less  than  the  ratio  and  three-fourths  shall  be 
divided  into  separate  districts  and  shall  be  entitled  to  two  representatives 
and  to  one  additional  representative  for  each  number  of  inhabitants  equal 
to  the  ratio  contained  by  such  counties  in  excess  of  twice  the  number  of 
said  ratio. 

The  question  being  on  the  adoption  of  the  resolution,  a  division  was 
had  resulting  as  follows:     Yeas,  60;  nays,  16. 
And  the  resolution  was  adopted. 


176  JOURNAL   OF   THE  [Dec.    2, 

Mr.  Barr  moved  that  the  resolution  be  reported  to  the  Convention 
with  the  recommendation  that  it  be  adopted  and  referred  to  the  Com- 
mittee on  Schedule. 

And  the  motion  prevailed. 

At  the  hour  of  2 :00  o'clock  a.  in.,  Mr.  Hamill  moved  that  the.  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    OF    TILE    WHOLE. 


MONDAY,  DECEMBER  (5,  1920. 

At  the  hour  of  3  :30  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  consideration  of  the  report  from  the  Com- 
mittee on  Agriculture,  in  relation  to  forestry,  being1  Proposal  No.  355. 

Mr.  Tanner,  member  of  the  Committee  on  Agriculture,  presiding. 

Proposal  No.  355  being  taken  up  and  read  at  large. 

By  unanimous  consent  the  word  "and"  in  line  4  was  stricken  out 
and  the  word  "as"  inserted  in  lieu  thereof. 

Mr.  Dunlap  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  1. 

Amend  Proposal  No.  355  by  striking  out  in  line  4  the  word  "exclusive- 
ly". 

Pending  consideration,  Mr.  Hamill  raised  the  point  of  no  quorum. 
Whereupon  a  call  of  the  Committee  was  had,  resulting  as  follows: 
Present,  37. 

Those  answering  present  were :     Messrs. 

Brandon'  Biting  Jack  Morris  Tanner 

Brenholt  Gale  Jarman  Paddock  Torrance 

Clarke  Gilbert  Kerrick  Quinn  Traeger 

Coolley  Goodyear  Lindly  Revell  Trautmann 

Dawea  Green  Mighell  Rinaker  Wall 

Dietz  Hamill  Mills  Shuey  Whitman  ' 

Dove  Hogan  Moore  Sutherland  Mr.  President 

Dunlap  Ireland  Present — 37. 

There  being  less  than  a  quorum  present,  at  the  hour  of  5  :00  o'clock 
p.  m.,  Mr.  Dunlap  moved  that  the  Committee  do  now  rise,  report  pro- 
gress and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


178  JOURNAL  OF  THE  [Dec.  7, 


TUESDAY,  DECEMBER  7,  1920. 

At  the  hour  of  9  :50  o'clock  a.  m.,  the  Convention  went  tnto  Com- 
mittee of  the  Whole. 

Mr.  Tanner,  member  of  the  Committee  on  Agriculture,  presiding. 

The  Committee  of  the  Whole  having  had  under  discussion,  on 
yesterday,  the  consideration  of  the  report  of  the  Committee  on  Agricul- 
ture, in  relation  to  Forestry,  the  same  was  again  taken  up. 

And  the  pending  question  being  the  adoption  of  Amendment  No.  1, 
offered  by  Mr.  Dunlap. 

A  division  was  had  resulting  as  follows :     Yeas,  7 ;  nays.  29. 

And  the  amendment  was  lost. 

Mr.  Rinaker  offered  the  following  amendment  and  moved  its  adop- 
tion : 

AMENDMENT  No.  2.  j 

Amend  Proposal  No.  355  by  striking  out  all  beginning  with  the  word 
"the"  in  line  2  and  inserting  in  leiu  thereof  the  following:  "It  shall  be 
the  policy  of  the  State  to  promote  re-forestation  of  wasted  lands  and  the 
conservation  of  the  water  supply,  for  agricultural  purposes,  by  appropriate 
legislation  and  this  shall  not  be  held  to  be  forbidden  by  the  Article  on 
Revenue." 

And  the  question  being  on  the  adoption  of  the  amendment,  a  divi- 
sion was  had  resulting  as  follows:  Yeas,  2G;  nays,  19. 

And  the  amendment  was  adopted. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  3. 

Amend  Proposal  No.  355,  as  amended  ,  by  striking  out  all  beginning 
with  the  word  "the"  in  line  2  down  to  and  including  the  word  "state"  in 
line  5  and  inserting  in  lieu  thereof  the  following:  "The  General  Assembly 
shall  not  be  precluded  from  passing  laws  not  inconsistent  with  the  general 
principals  of  Legislation  Had  down  in  this  Constitution,  in  aid  of,  and  for 
the  encouragement  of  forestry." 

Pending  consideration,  Mr.  Sutherland  withdrew  his  amendment. 

Whereupon  Mr.  Green  offered  the  following  amendment  and  moved 
its  adoption: 

AMENDMENT  No.  4. 

Amend  Proposal  No.  355,  as  amended,  by  striking  out  all  beginning  with 
the  word  "the"  in  line  2,  down  to  and  including  the  word  "state"  in  line 
5  and  inserting  in  lieu  thereof  the  following:  "The  General  Assembly  shall 
pass  laws  for  the  encouragement  of  forestry  and  may  classify  for  taxation 
areas  devoted  to  forests  and  forest  culture." 

Mr.  Dupuy  offered  the  following  amendment  to  Amendment  No.  4, 
and  moved  its  adoption : 


1920.]  COMMITTEE    OF    THE    WHOLE.  17D 

Amend  Amendment  No.  4  by  inserting  after  the  word  "devoted"  in 
line  4,  the  word  "exclusively". 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  Amendment  No.  4,  a 
division  was  had  resulting  as  follows:     Yeas,  25;  nays,  20. 
.    And  the  amendment  was  adopted. 

The  question  recurring  on  the  adoption  of  the  section,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Dunlap  moved  that  Proposal  ISl~o.  355,  as  amended,  be  adopted, 
as  a  whole,  and  reported  back  to  the  Convention  with  the  recommenda- 
tion that  it  do  pass. 

And  on  that  motion  a  division  was  had  resulting  as  follows : 
Yeas,  37;  nays,  11. 

And  the  motion  prevailed. 

At  the  hour  of  11:15  o'clock  a.  in.,  Mr.  Dunlap  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


180  JOURNAL   OF   THE  [Dec.    7, 


TUESDAY;  DECEMBER  7, 

At  the  hour  of  11:20  o'clock  a.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  .the  consideration  of  Proposal  No.  129  reported 
from  the  Committee  011  Bill  of  Eights,  with  the  recommendation  that  it 
be  made  a  part  of  the  proposed  Constitution. 

Mr.  Einaker,  Chairman  of  the  Committee  on  Bill  of  Rights,  pre- 
siding. 

Proposal  No.  129  was  taken  up  and  read  at  large. 

Whereupon  Mr.  Tail  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  1. 

Amend  Proposal  No.  129  by  adding  at  the  end  thereof  after  the  word 
"guaranteed"  the  following:  "but  any  political  party  or  association  may 
voluntarially  adopt  or  reject  the  provisions  of  any  general  law  regulating 
the  nomination  of  candidates*  for  public  office  within  this  State  or  any 
political  subdivision  thereof. 

Mr.  Brandon  offered  the  following  amendment  to  Amendment  No. 
1,  and  moved  its  adoption: 

Amend  Amendment  No.  1,  by  adding  after  the  word  "calculated"  in 
line  4  the  following  "to  awaken  class  consciousness". 

And  the  amendment  to  the  amendment  was  lost. 

Pending  further  discussion,  by  unanimous  consent,  the  amend- 
ment offered  by  Mr.  Taff  was  accepted  and  made  a  part  of  Proposal 
No.  129. 

The  question  then  being  on  the  adoption  of  Proposal  No.  129,  as  a 
whole,  a  division  was  had  resulting  as  follows:  Yeas,  13;  nays,  33.  . 

And  the  Proposal  was  rejected. 

Mr.  Gale  offered  the  following  Proposal  and  moved  its  adoption: 
Resolved  that  the  following  shall  become  a  part  of  the  Constitution  of 
Illinois: 

No  law  shall  require  primary  elections  except  for  county  officials  or  for 
delegates  to  nomination  conventions. 

Mr.  Hamill  raised  the  point  of  order  that  the  motion  Avas  not  in 
order,  in  the  Committee  of  the  Whole. 

And  the  point  of  order  Avas  sustained  by  the  Chair. 

At  the  hour  of  3  :55  o'clock  p.  m.,  Mr.  Green  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE    Of   THE   WHOLE.  181 


TUESDAY,  DECEMBER  7,  1920. 

At  the  hour  of  4 :00  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Whitman,  member  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

The  Committee  of  the  Whole  having  had  under  discussion,  on 
November  17,  the  consideration  of  the  report  of  the  Committee  on 
Revenue,  Taxation  and  Finance,  being  Proposal  Xo.  378,  the  same  was 
again  taken  up. 

And  section  2  having  been  recommitted  to  the  Committee  on 
Revenue,  Taxation  and  Finance,  reported  back  to  the  Convention,  on 
December  1,  and  placed  on  the  General  Orders,  was  read  at  large. 

And  by  unanimous  consent  corrected  as  follows:  By  changing  the 
word  "is"  in  the  5th  and  8th  lines  to  "are"  and  by  changing  the  word 
"collected"  in  the  4th  and  8th  lines  to  "extended." 

Mr.  Dunlap  offered  the  following  amendment  to  section  2  and 
moved  its  adoption : 

AMENDMENT  No.  1. 

Amend  section,  2  by  striking  out  all  of  said  section  and  substituting 
in  lieu  thereof  the  following:  "The  income  tax  herein  authorized  shall  be 
levied  and  collected  by  some  state  authority  and  shall  be  distributed  in  such 
manner  as  shall  be  provided  by  law." 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  2,  it  was  decided 
in  the  affirmative. 

The  question  recurring  on  the  adoption  of  Proposal  Xo.  378,  as  a 
whole,  it  was  decided  in  the  affirmative. 

At  the  hour  of  4:55  o'clock  p.  m..  Mr.  Gale  moved  that  the  Com- 
mittee, do  now  rise  and  report. 

And  the  motion  prevailed. 


182  JOUKNAL   OF   THE  [Dec. 


WEDNESDAY,  DECEMBER  8,  1920. 

At  the  hour  of  9  :30  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Cutting,  member  of  the  Committee  on  Judicial  Department, 
presiding. 

The  Committee  of  the  Whole,  having  had  under  discussion,  on 
November  30,  the  consideration  of  the  reports  of  the  Committee  on 
Judicial  Department,  being  Proposals  numbered  383  and  384,  tlie  same 
were  again  taken  up. 

Whereupon  Mr.  DeYoung  moved  that  the  vote  by  which  section  19 
was  heretofore  adopted  be  reconsidered. 
.  And  the  motion  prevailed. 

Mr.  DeYoung  thereupon  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  17. 

Amend  section  19  in  line  4  by  inserting  after  the  word  "city"  the  words 
"wholly  or  partly"  and  also  by  inserting  in  line  6  after  the  word  "city"  the 
words  "or  part  thereof". 

And  the  amendment  was  adopted. 

Mr.  DeYoung  then  moved  that  section  19,  as  amended,  be  adopted. 
And  the  motion  prevailed. 
Section  33  being  taken  up. 

Mr.  DeYoung  offered  the  following  amendment  and  moved  its 
adoption  : 

AMENDMENT  No.  18. 

Amend  section  33  in  line  5  by  inserting  before  the  word  "sessions"  the 
words  "criminal  branches  of  said  Court  shall  be  provised  by  the  County  of 
Cook.  All  other  branches  or".  And  also  in  line  6  by  striking  out  the  word 
"provided"  and  inserting  in  lieu  thereof  the  words  "held  in  quarters  furn- 
ished" And  in  line  7  by  inserting  after  the  word  "such"  the  wordp 
"branches  or". 

And  the  amendment  was  adopted.. 

Mr.  DeYoung  moved  that  section  33,  as  amended,  be  adopted. 
And  the  motion  prevailed. 
Section  47  being  taken  up. 

Mr.  DeYoung  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  19. 

0 

Amend  section  47  in  line  5  by  inserting  after  the  word  "officer"  the 
words  "after  it  has  been  fixed  by  law"  and  also  in  line  7  by  inserting  before 
the  word  "district"  the  words  "County  Court  or  the". 

And  the  amendment  was  adopted. 


1920.]  COMMITTEE    OF    THE    WHOLE.  183 

Mr.  De  Young  moved  that  section  47,  as  amended,  be  adopted. 
And  the  motion  prevailed. 

Mr.  DeYoung  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  20. 

Amend  Proposal  No.  383  by  adding  a  new  section  thereto  to  be  known 
as  section  38  after  a  renumbering  of  the  sections. 

Section  38.  Whenever  electors  of  Cook  County  equal  in  number  to 
one-tenth  of  the  vote  cast  for  all  candidates  for  President  of  the  County 
Board  of  Commissioners  at  the  last  preceding  election  thereof  shall  petition 
the  Chief  Justice  of  the  Circuit  Court  of  said  county  to*  submit  to  a  vote 
of  the  electors  thereof  the  proposition  as  to  whether  said  county  shall  adopt 
the  system  for  the  appointment  of  the  judges  of  the  Circuit  and  District 
Courts  of  Cook  County  hereinafter  provided,  it  shall  be  the  duty  of  such 
chief  justice  to  submit  such  proposition  to  a  special  county  election  to 
be  called  by  such  judge  within  ninety  days,  by  entering  of  record  in  said 
court  an  order  to  that  effect.  But  it  at  any  such  special  election  such 
proposition  shall  not  be  adopted,  said  proposition  shall  not  be  again  sub- 
mitted for  two  years.  Such  election  shall  be  held  under  the  election  laws  in 
force  in  Cook  County.  If  such  proposition  receives  the  affirmative  vote  of 
a  majority  of  those  voting  thereon,  such  system  of  appointment  shall  be 
adopted,  and  the  chief  justice  shall  proclaim  the  adoption  thereof.  The 
form  of  such  petition,  and  of  its  verification,  and  of  the  ballots  to  be  used 
in  such  election  and  the  manner  of  voting  therein,  and  the  public  notice 
thereof  to  be  given,  and  the  method  of  certification  and  recording  of  the 
result  of  said  election,  shall  be  prescribed  by  law,  or  by  the  Supreme  Court 
in  case  the  same  shall  not  have  been  prescribed  by  law.  After  the  adoption 
of  such  proposition,  the  method  of  choosing  judges  of  the  Circuit  and 
District  Courts  of  Cook  County  shall  be  as  follows:  Upon  the  occurence 
of  a  vacancy  in  the  office  of  any  judge  of  said  county,  the  Governor  shall 
fill  such  vacancy  by  appointment,  from  a  list  of  eligible  persons  furnished 
to  him  by  a  majority  of  the  justices  of  the  Stupreme  Court  including  a 
majority  of  the  justices  thereof  from  the  Seventh  Supreme  Judicial  Dis- 
trict, which  list  shall  contain  the  names  of  four  or  more  persons  for  each 
judge  to  be  appointed,  not  more  than  half  of  whom  shall  be  affiliated  with 
the  same  political  party.  Excepting  as  in  this  section  is  otherwise  provided, 
each  judge  appointed  by  the  Governor  for  said  County  of  Cook  shall  hold 
his  office  during  good  behavior.  •  At  the  annual  election  in  November  of  every 
sixth  year  after  the  adoption,  of  such  system  of  appointment,,  an  election 
shall  be  held  in  the  County  of  Cook  to  enable  the  duly  qualified  electors 
thereof  to  express  their  approval  or  disapproval  of  the  judges  so  appointed 
and  then  in  office.  The  method  of  voting  and  the  form  of  ballots  to  be  used 
at  such  election  shall  be  prescribed  by  law.  If  at  any  such  election  a 
majority  of  the  electors  of  said  county  voting  at  such  election  shall  by  their 
votes  express  their  disapproval  of  any  such  judge,  his  office  shall,  after  the 
expiration  of  ninety  days  therefrom,  become  vacant,  and  he  shall  be  in- 
eligible to  appointment  as  a  judge  of  said  court  for  a  period  of  six  years 
thereafter. 

And  the  amendment  was  adopted. 

Mr.  Jarman  offered  the  following  amendment  and  moved  its  adop- 
tion: 

AMENDMENT  No.  21. 

Amend  Proposal  No.  383  by  adding  a  new  section  thereto  to  be  known 
as  section  46  after  a  renumbering  of  the  sections. 

Section.  46.  No  action  or  proceeding  shall  be  open  to  objection  on  the 
ground  that  a  merely  declaratory  judgment  or  decree  or  order  is  sought 
thereby,  and  the  Court  may  make  a  binding  declaration  of  right,  whether 


184  JOURNAL  OF  THE  [Dec.  8, 

any  consequential  relief  is  or  could  be  claimed,  or  not,  as  may  be  provided 
by  law. 

And  the  amendment  was  adopted. 

Mr.  Gee  moved  to  reconsider  the  vote  by  -which  section  47  was 
heretofore  adopted. 

And  the  motion  prevailed. 

Mr.  Gee  thereupon  offered  the  following  amendment  and  moved  its 
adoption : 

AMENDMENT  No.  22. 

Amend  section  47  by  'striking  out  all  after  the  word  "judicial"  in  line 
9  and  inserting  the  following"  or  engaged  in  the  practice  of  the)  law  so 
long  as  he  shall  hold  the  office  of  such  justice  or  judge". 

And  the  amendment  was  adopted. 

Mr.  DeYoung  moved  that  section  -17,  as  amended,  he  again  adopted. 

And  the  motion  prevailed. 

Section  6  of  the  Minority  Eeport  being  taken  up,  Mr.  Green  moved 
that  it  be  adopted  as  a  substitute  for  section  6  of  Proposal  Xo,  383. 

Pending  discussion,  at  the  hour  of  3  :50  o'clock  p.  m.,  Mr.  Davis 
moved  that  the  Committee  do  now  rise,  report  progress  and  ask  leave 
to  sit  again. 

And  on  that  motion  a  division  was  had  resulting  as  follows: 
Yeas,  29 ;  nays,  24. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE   WHOLE.  185 


THURSDAY,  DECEMBER  9,  1920. 

At  the  hoiir  of  9  :5o  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole. 

Mr.  Cutting,  member  of  the  Committee  on  Judicial  Department, 
presiding. 

The  Committee  of  the  Whole  having  had  under  discussion,  on 
yesterday,  the  consideration  of  the  reports  of  the  Committee  on  Judicial 
Department,  being  Proposals  numbered  383  and  384,  the  same  were 
again  taken  up. 

And  the  pending  question  being  the  adoption  of  section  6  of  the 
Minority  Report,  offered  by  Mr.  Green,  the  same  was.  by  unanimous 
consent,  withdrawn. 

Wlffereupon  Mr.  Todd  offered  the  following  as  a  substitute  for 
section  6  of  Proposal  No.  383  and  moved  its  adoption  : 

Section  6.  The  State  shall  be  divided  into  six  districts  for  the  election 
of  justices.  The  first  district  shall  consist  of  the  County  of  Cook  and  two 
justices  shall  be  elected  from  the  district.  The  State,  outside  of  the  County 
of  Cook,  shall  be  divided  into  five  districts  for  the  election  of  justices,  and 
until  otherwise  provided  by  law,  they  shall  be  as  follows: 

Second  District     (Herein  insert  names  of  counties.) 

Third  District:      (Herein  insert  names  of  counties). 

Fourth  District:      (Herein  insert  names  of  counties). 

Fifth  District:      (Herein  insert  names  of  counties). 

Sixth  District:      (Herein  insert  names  of  counties). 

One  justice  shall  be  lected  from  each  of  said  districts  numbered  2,  3, 
4,  5  and  6. 

And  the  substitute  was  adopted. 

The  question  then  being  on  the  adoption  of  section  6,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Todd  offered  the  following  as  a  substitute  for  section  7,  of 
Proposal  No.  383,  and  moved  its  adoption : 

Section  7.  The  justices  of  the  Supreme  Court  in  office  at  the1  time 
of  the  adoption  of  this  Constitution  shall  continue  to  hold  office  during 
the  respective  terms  for  which,  they'  were  elected  or  appointed  and  until 
their  successors  are  elected  and  shall  qualify.  The  term  of  office  of  justices 
of  the  Supreme  Court  elected  after  the  adoption  of  this  Constitution,  other 
than  justices  elected  or  appointed  to  fill  unexpired  terms,  shall  be  nine 
years  from  the  day  of  their  election. 

(Herein  insert  provisions  for  the  extension  of  the  terms  of  the  present 
justices,  if  necessary,  to  conform  to  the  re-apportionment  plan,  and  the 
election  hereafter  of  justices  in  as  nearly  equal  numbers  as  possible  every 
third  year.  Provision  shall  also  be  made  for  the  election  of  the  additional 
justice  from  the  first  district  in  the  year  1924  and  for  the  election  of  the  two 
justices  from  that  district  in  dicerent  years.) 

Pending  discussion,  Mr.  Dove  offered  the  following  amendment  to 
the  substitute  for  section  7,  and  moved  its  adoption : 

Amend  by  striking  out  in  line  8  before  the  word  "years"  the  word 
"nine"  and  substituting  in  lieu  thereof  the  word  "ten". 


186  JOURNAL  or  THE  [Dec.  9, 

.    And  the  amendment  was  adopted. 

The  question  being  on  the  adoption  of  the  substitute,  as  amended, 
it  was  decided  in  the  affirmative. 

The  question  then  being  on  the  adoption  of  section  7.  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Green  moved  that  Proposal  No.  383,  as  amended,  be  now 
adopted  as  a  whole  and  reported  to  the  Convention,  with  the  recom- 
mendation that  it  do  pass. 

And  the  motion  prevailed. 

At  the  hour  of  11:00  o'clock  a.  in.,  Mr.  Green  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


1920.]  COMMITTEE   OF    THE    WHOLE.  187 


WEDNESDAY,  FEBRUARY  15,  1922. 

At  the  hour  of  5:45  o'clock  p.  m.,  tlio  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  revenue  question?. 

Mr.  Gale,  Chairman  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

Mr.  Green  moved  that  it  be  the  sense  of  this  Committee  that  the 
Revenue  Article  provide  or  require  that  if  the  Legislature  sees  fit  to  levy 
an  income  tax,  it  be  levied  at  a  uniform  rate. 

Pending  discussion,  Mr.  Miller  suggested  that  in  addition  to  the 
words  "A  uniform  rate"  there  be  added  the  words  "as  distinguished 
from  a  progressive  rate." 

And  Mr.  Sutherland  suggested  that  there  he  further  added,  the 
words,  "if  a  general  income  tax  be  levied  on  incomes  from  whatever 
source  derived." 

Both  of  which  suggestions  were  accepted  by  the  mover  of  the 
motion. 

The  question  then  being  on  the  motion,  as  above  agreed  upon,  a 
division  of  the  Committee  was  had  resulting  as  follows:  Yeas,  22; 
nays,  30. 

And  the  motion  was  lost. 

At  the  hour  of  10:25  o'clock  p.  m.,  Mr.  Dunlap  moved  that  the 
Committee  do  now  rise,  report  and  ask  that  the  Committee  be  dis- 
charged. 

Mr.  Trautmann  moved,  as  a  substitute,  that  the  Committee  do  now 
rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  question  being  on  the  adoption  of  the  substitute,  it  was 
decided  in  the  affirmative. 


188  JOURNAL   OF   THE  [Feb.    16, 


THURSDAY,  FEBRUARY  16,  1922. 

At  the  hour  of  10:27  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole  for  the  purpose  of  considering  revenue  questions. 

Mr.  Gale,  Chairman  of  the  Committee  on  Revenue,  Taxation  and 
Finance,  presiding. 

Mr.  Hamill  moved  that  the  following  question  be  now  considered  : 
"Shall  all  exemptions  from  income  taxes  be  forbidden?" 

And  the  question  being  on  the  adoption  of  that  motion,  a  division 
was  had  resulting  as  follows:  Yeas,  9;  nays,  38. 

And  the  motion  was  lost. 

Mr.  Sutherland  moved  that  the  following  question  be  now  con- 
sidered : 

"Shall  the  General  Assembly  be  required,  if  it  levies  an  income  tax, 
to  fix  the  same  rate  upon  incomes  from  property  that  are  fixed  upon  incomes 
from  other  sources?" 

And  the  motion  prevailed. 

Mr.  Miller  offered  the  following  as  a  substitute  and  moved  its 
adoption : 

"Shall  the  General  Assembly  be  precluded  from  placing  a  different  rate 
upon  income  derived  from  property  from  that  imposed  upon  income  derived 
from  other  sources?" 

The  question  being  on  the  adoption  of  the  substitute,  a  division  was 
had  resulting  as  follows:  Yeas,  5;  nays,  37. 

And  the  substitute  was  lost. 

The  Chairman  called  the  attention  of  the  Committee  to  the  next 
proposition,  which  was  as  follows,  to-wit: 

"Shall  exemptions  be  limited  to  income  from  personal  services  or  shall 
exemptions  be  allowed  from  incomes  both  from  property  and  personal 
services?" 

And  the  question  being  on  the  adoption  of  the  proposition,  a  divi- 
sion was  had  resulting  as  follows:  Yeas,  26;  nays,  19. 

And  the  proposition  %  was  adopted. 

At  the  hour  of  12:20  o'clock  p.  m.,  Mr.  II  am  ill  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


1922.]  COMMITTEE    OF    THE   WHOLE.  189 


TUESDAY,  JUNE  13,  1922. 

At  the  hour  of  3  :<°>5  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  the  report  of  the  Com- 
mittee on  Future  Amendment  of  the  Constitution. 

Mr.  Moore,  memher  of  the  Committee  on  Future  Amendment  to  the 
Constitution,  presiding. 

The  report  of  the  Committee  was  taken  up  and  read  at  large,  as 
follows : 

Section  1.  Whenever  two-thirds  of  the  members  of  each  House  of  the 
General  Assembly  shall,  by  a  vote  entered  upon  the  journals  thereof,  concur 
that  a  Convention  is  necessary  to  revise,  alter  or  amend  the  Constitution,  the 
question  shall  be  submitted  to  the  electors  at  the  next  general  election.  If 
a  majority  voting  at  the  election  vote  for  a  Convention,  the  General  Assembly 
shall,  at  the  next  session,  provide  for  a  Convention,  to  consist  of  double  the 
number  of  members  of  the  Senate,  to  be  elected  in  the  same  manner,  at  the 
same  places,  and  in  the  same  districts.  The  General  Assembly  shall,  in  the 
act  calling  the  Convention,  designate  the  day,;  hour  place  of  its  meeting, 
fix  the  pay  of  its  members  and  officers,  and  provide  for  the  payment  of  the 
same,  together  with  the  expenses  necessarily  incurred  by  the  Convention  in 
the  performance  of  its  duties.  Before  proceeding  the  members  shall  take 
an  oath  to  support  the  Constitution  of  the  United  States,  and  of  the  State 
of  Illinois,  and  to  faithfully  discharge  their  duties  as  members  of  the  Con- 
vention. The  qualification  of  members  shall  be  the  same  as  that  of  members 
of  the  Senate,  and  vacancies  occuring  shall  be  filled  in  the  manner  provided 
for  filling  vacancies  in  the  General  Assembly.  Said  Convention  shall  meet 
within  three  months  after  such  election,  and  prepare  such  revision  altera- 
tion or  amendments  of  the  Constitution  as  shall  be  deemed  necessary,  which 
shall  be  submitted  to  the  electors  for  their  ratification  or  rejection,  at  an 
election  appointed  by  the  Convention  for  that  purpose,  not  less  than  two  nor 
more  than  six  months  after  the  adjournment  thereof;  and  unless  so  sub- 
mitted and  approved,  by  a  majority  of  the  electors  voting  at  the  election,  no 
such  revision,  alteration  or  amendments  shall  take  effect. 

Section  2.  Amendments  to  this  Constitution  may  be  proposed  in  either 
House  of  the  General  Assembly,  and  if  the  same  shall  be  voted  for  by  two- 
thirds  of  all  the  members  elected  to  each  of  the  two  Houses,  such  proposed 
amendments,  together  with  the  yeas  and  nays  of  each  House  '..hereon,  shall 
be  entered  in  full  on  their  respective  journals,  and  said  amendments  shall 
be  submitted  to  the  electors  of  this  State  for  adoption  or  rejection,  at  the 
next  election  of  members  of  the  General  Assembly,  in  such  manner  as  may 
be  prescribed  by  law.  The  proposed  amendments  shall  be  published  in  full 
at  least  three  months  preceding  the  election,  and  if  a  majority  of  the  electors 
voting  at  said  election  shall  vote  for  the  proposed  amendments,  they  shall 
become  a  part  of  this  Constitution.  But  the  General  Assembly  shall  have  no 
power  to  propose  amendments  to  more  than  two  articles  of  this  Constitution 
at  the  same  session,  nor  to  the  same  articles  oftener  than  once  in  four  years. 

Section  1  was  taken  up  for  consideration. 

Whereupon  Mr.  Hamill  offered  the  following  amendment  and  moved 
its  adoption : 


190  JOURNAL  or  THE  [June  13, 

AMENDMENT  No.  1. 

Amend  section  1  by  striking  out  in  the  sixth  and  following  lines  tho 
words:  "provide  for  a  convention  to  consist  of  double  the  number  of  mem- 
bers of  the  Senate  to  be  elected  in  the  same  manner  in  the  same  places, 
in  the  same  districts"  and  insert  in  lieu  thereof:  "enact  a  law  to  provide 
for  a  convention  the  delegates  to  which  shall  be  elected  two  from  each 
district  and  each  district  to  consist  of  three  contiguous  representative  dis- 
tricts. The  law  calling  for  the  convention  shall  designate  what  represent- 
ative districts  shall  be  combined  for  the  purpose  of  forming  delegate 
districts." 

And  the  question  being  on  the  adoption  of  the  amendment,  a  divi- 
sion was  had,  resulting  as  follows :  Yeas.  20 ;  nays,  45. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  1,  a  division  of 
the  Committee  was  had,  resulting  as  follows :  Yeas,  45 ;  nays,  20. 

And  section  1  was  adopted. 

Section  2  was  takeji  up  for  consideration. 

Whereupon  Mr.  Sutherland  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT"  No.  2. 

Amend  section  2  by  striking  out  of  line  9  all  after  the  word  "election" 
and  in  line  10  the  words  "voting  at  same  election"  and  substitute  therefor 
the  following  "and  if  voters  equal  in  number  to  a  majority  of  the  votes  cast 
for  members  of  the  House  of  Representatives." 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Committee  was  had,  resulting  as  follows:     Yeas,  36;  nays,  22. 
And  the  amendment  was  adopted. 
Mr.  Hull  offered  the  following  amendment  and  moved  its  adoption : 

AMENDMENT  No.  3. 

Amend  section  2  by  striking  out  the  word  "two"  where  it  appears  in 
the  line  next  to  the  last  line  and  inserting  the  word  "three." 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  2,  as  amended, 
it  was  decided  iti  the  affirmative. 

At  the  hour  of  6:35  o'clock  p.  m..  Mr.  Hamill  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


1922.]  COMMITTEE   OF    THE   WHOLE.  191 


THURSDAY,  JUNE   15.  1922. 

At  the  hour  of  9  :30  o'clock  a.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  the  report  of  the  Com- 
mittee on  Schedule. 

Mr.  G.  A.  Dupuy,  Chairman  of  the  Committee  on  Schedule,  pre- 
siding. 

The  report  of  the  Committee  was  taken  np  and  read  at  large,  as 
follows : 

REPORT  OF  THE  COMMITTEE  ON   SCHEDULE. 

Your  Committee  on  Schedule  respectfully  reports  to  the  Convention 
the  following  sections  and  recommends  their  adoption: 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments 
made  in  the  constitution  of  this  state,  and  to  carry  the  'same  into  complete 
effect,  it  is  hereby  ordained  and  declared: 

Section  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution, 
not  inconsistent  therewith,  and  all  rights,  actions,  prosecutions,  claims,  and 
contracts  of  this  state,  individuals,  or  bodies  corporate,  shall  continue  to  be 
as  valid  as  if  this  constitution  had  not  been  adopted. 

Section  2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing 
to  the  state  of  Illinois  under  the  present  constitution  and  laws,  shall  inure 
to  the  use  of  the  people  of  the  state  of  Illinois,  under  this  constitution. 

Section  3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed  before  the  adoption  of  this  constitution,  to  the 
people  of  the  state  of  Illinois,  to  any  state  or  county  officers  or  public  body, 
shall  remain  binding  and  valid;  and  rights  and  liabilities  upon  the  same 
shall  continue,  and  all  crimes  and  misdemeanors  shall  be  tried  and  punished 
as  though  no  change  had  been  made  in  the  constitution  of  the  State. 

Section  4.  All  persons  now  filling  any  office  or  appointment  shall  con- 
tinue the  exercise  of  the  duties  thereof  and  according  to  their  respective 
commissions  or  appointments,  unless  by  this  constitution  it  is  otherwise 
directed. 

Section  5.  Except  as  otherwise  provided  in  this  Constitution  all  persons 
elected  to  any  office  at  the  November  election  in  1922  shall  continue  in  office 
during  the  term  for  which  they  are  respectively  elected  subject  to  such 
changes'  in  their  duties  as  may  be  prescribed  by  this  Constitution. 

Section  6.  In  order  that  elections  be  held  regularly  in  November,  all 
persons  who  shall  hereafter  be  elected  to  any  office  of  the  state  or  of  any 
political  subdivision  thereof  at  any  election  held  prior  to  the  November 
election  nineteen  hundred  twenty-three,  shall  hold  office  'until  the  next  en- 
suing November  election  following  the  date  when  the  term  of  such  office 
would  otherwise  expire. 

Except  as  otherwise  provided  in  this  constitution,  every  person  holding 
any  office  of  this  state  or  of  any  political  subdivision  thereof  at  the  time 
of  the  adoption  of  this  constitution,  and  whose  term  of  office  shall  expire 
affer  the  November  election  nineteen  hundred  twenty-three,  shall  continue  in 
office  until  the  November  election  next  ensuing  the  time  when  such  term  of 
office  would  otherwise  regularly  expire. 

Section  7.  After  the  adoption  of  this  Constitution  when  the  state  is 
first  apportioned  for  members  of  the  senate,  it  shall  be  provided  that  three 


192  JOUKNAL  OF  THE  [June  15, 

of  the  additional  members  shall  be  elected  the  first  time  for  a  term  of  two 
years  and  the  three  additional  members  for  a  term  of  four  years. 

Section  8.  The  terms  of  office  of  the  Justices  of  the  Supreme  Court  now 
in  office  shall  expire  at  the  several  dates  now  provided  by  law. 

Section  9.  On  the  day  this  constitution  is  submitted  to  the  people  for 
ratification  and  election  shall  be  held  for  a  Justice  of  the  Supreme  Court 
in  the  first  judicial  district  designated  in  this  constitution,  at  which  elec- 
tion every  person  entitled  to  vote  according  to  the  terms  of  this  constitu- 
tion shall  be  allowed  to  vote,  and  the  election  shall  be  otherwise  conducted, 
returns  made  and  certificate  issued  in  accordance  with  existing  laws.  If,  • 
upon  canvassing  the  votes  for  ?/id  against  the  adoption  of  this  constitution 
it  shall  appear  that  this  constitution  shall  not  have  been' adopted,  then  no 
certificate  of  election  shall  be  issued  for  said  justice. 

The  Justice,  if  elected  and  commissioned  shall  hold  his  office  until  the 
first  Monday  of  June,  nineteen  hundred  and  thirty-three,  but  he  shall  not  enter 
upon  the  discharge  of  his  duties  until  the  first  Monday  of  June,  nineteen 
hundred  and  twenty-i'our,  unless  prior  to  that  time  there  shall  be  a  vacancy 
from  any  district  on  the  Supreme  Court  in  which  case  he  shall  fill  such 
vacancy  until  the  first  Monday  of  June,  nineteen  hundred  and  twenty-four. 

When  the  term  of  office  of  the  Justice  residing  in  the  second  district 
(elected  from  the  sixth  district  under  the  constitution  of  1870)  expires  on 
the  first  Monday  of  June,  nineteen  hundred  twenty-four  this  said  office 
shall  cease  to  exist. 

The  successors  in  office  of  the  Justices  now  in  office  shall  be  elected  on 
the  first  Monday  in  June  in  the  years  in  which  the  respective  terms  expire. 

The  Justice  from  the  first  district  shall  be  elected  for  a  term  to  expire 
on  the  first  Monday  of  June,  nineteen  hundred  thirty-five. 

The  Justice  from  the  fifth  district  shall  be  elected  for  a  term  to  expire 
on  the  first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred 
thirty-five. 

The  Justice  from  the  fourth  and  sixth  districts  shall  each  be  elected 
for  a  term  to  expire  on  the  first  Tuesday  after  the  first  Monday  in  November, 
nineteen  hundred  thirty-three.* 

The  justice  for  the  third  district  shall  be  elected  for  a  term  to  expire 
on  the  first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred 
thirty-seven. 

The  justice  for  the  second  district  shall  be  elected  for  a  term  to  expire 
on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen  hundred 
thirty-nine. 

After  the  expiration  of  the  terms  as  above  specified,  the  term  of  each 
justice  shall  be  ten  years  from  the  day  of  his  election.  The  justices  from 
the  first  district  shall  be  elected  on  the  first  Monday  of  June  in  the  year  in 
which  their  terms  expire  and  the  justices  from  the  second,  third,  fourth, 
fifth  and  sixth  districts  shall  be  elected  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  year  in  which  their  terms  expire. 

Section  10.  Any  justice  or  judge  now  in  office  shall  be  eligible  to  re- 
election after  the  adoption  of  this  constitution. 

Section  10A.  Until  otherwise  provided  by  law,  the  judges  of  the  Ap- 
pellate court  of  the  first  district  shall  receive  the  same  salaries  as  are  paid 
to  the  judges  of  the  Circuit  courts  within  said  district,  and  the  Judges 
of  the  Appellate  Courts  of  the  second,  third  and  fourth  districts  shall  each 
receive  $8,500!  Per  annum.  Such  salaries  shall  be  payable  in  the  same 
manner,  at  the  same  time,  and  from  the  same  sources  as  the  salaries  of 
the  judges  of  the  circuit  Court  within  such  districts  respectively. 

Section  11.  On  the  first  Monday  of  May  A.  D.  1923,  the  Circuit, 
Superior,  Criminal  .County  and  Probate  Court  of  Cook  county,  the  municipal 
court  of  Chicago  and  the  city  court  of  Chicago  Heights  shall  be  consolidated 
into  one  court  of  record  to  be  known  as  the  Circuit  Court  of  Cook  county. 

Section  12.  The  judges  of  the  Circuit,  Superior,  County  and  Probate 
Courts  of  Cook  County  in  office  on  the  first  Monday  of  May,  A.  D.  1923,  except 
the  judges  of  the  Circuit  and  Superior  courts  of  Cook  County,  by  the  adop- 
tion of  this  Constitution  made  judges  of  the  Appellate  Court  for  the  first 


1922.]  COMMITTEE    OF    THE    WHOLE.  193 

district,  whose  office  as  judges  of  the  Circuit  and  Superior  Court  of  said 
county  thereby  cease  to  exist,  shall  be  the  judges  of  said  consolidated  court 
and  shall  continue  to  hold  office  during  the  respective  terms  for  which  they 
were  elected  or  appointed,  and  until  their  successor  are  elected  and  shall  qual- 
ify. The  chief  justice  and  the  associate  judges  of  the  Municipal  Court  of  Chi- 
cago shall  be  associate  judges  of  said  Circuit  Court  and  shall  continue  to  hold 
office  during  the  respective  terms  for  which  they  were  elected  or  appointed 
'as  chief  justice  or  associate  judges  of  the  Municipal  Court  of  Chicago  and 
one  year  in  addition  thereto,  at  the  end  of  which  terms  their  respective 
offices  as  associate  judges  of  said  Circuit  Court  shall  cease  to  exist. 

Section  13.  The  associate  judges  of  the  Circuit  Court  of  Cook  County 
shall,  until  the  termination  of  their  respective  offices,  perform  such  judicial 
duities  in  the  classes  of  cases  which  were  within  the  jurisdiction  of  the  Crim- 
inal Court  of  Cook  County  at  the  time  of  the  adoption  of  this  Constitution,  and 
also  in  the  classes  of  cases  arising  in  the  County  of  Cook  of  which,  if  aris- 
ing in  the  city  of  Chicago,  the  Municipal  Court  of  Chicago  had  jurisdiction 
at  the  time  of  the  adoption  of  this  Constitution,  as  they  may  be>  assigned 
to  perform,  and  during  the  periods  of  their  terms  of  office  as  such  associate 
judges,  they  shall  receive  the  salaries  allowed  them  by  laws  in  force  on 
the  first  Monday  of  May,  A.  D.  1922,  one-half  of  which  salaries  shall  be 
payable  out  of  the  State  treasury  and  one-half  out  of  the  county  treasury 
of  Cook  County. 

Section  14.  The  judge  of  the  County  Court  of  the  County  of  Cook, 
who  shall  be  in  office  at  the  time  of  the  adoption  of  this  Constitution  shall 
continue  to  exercise,  during  the  time  for  which  he  was  elected,  or  until 
otherwise  provided  by  law,  the  same  control  and  supervision  over  all  matters 
of  election  as  provided  by  law.  After  the  expiration  of  his  term  of  office 
all  such  authority  and  supervision  shall  devolve  upon  the  chief  justice  of 
the  civil  division  of  said  Circuit  Court  until  otherwise  provided  by  law. 

Section  15.  The  County  Court  of  each  county,  other  than  the  County  of 
Cook,  is  hereby  continued  and  on  the  third  day  of  December,  1923,  the 
County  and  Probate  Courts  in  each  county,  other  than  in  the  county  of  Cook 
where  both  courts  exist,  shall  be  consolidated  into  one  court  to  be  known 
as  the  County  Court. 

Section  16.  The  judges  of  the  County  and  Probate  Courts  in  counties 
other  than  the  County  of  Cook,  in  office  on  the  third  day  of  December,  1923, 
shall  be  judges  of  such  consolidated  court,  and  shall  continue  to  hold  office 
during  the  terms  for  which  they  were  elected,  and  until  their  successors 
are  elected  and  shall  qualify. 

Section  17.  Unless  prior  to  the  first  Monday  of  December,  A.  D.  1923, 
the  General  Assembly  shall  fix  the  salaries  of  county  judges  and  of  probate 
judges  (other  than  those  of  the  county  of  Cook),  the  salaries  of  such  judges 
shall,  from  and  after  that  date,  until  otherwise  provided  by  law,  be  as 
follows:  Such  salaries  shall  be  increased  by  the  addition  of  50  per  cent  of 
the  present  salary,  with  a  minimum  salary  of  two  thousand  five  hundred 
dollars  in  counties  having  a  population  of  less  than  fifteen  thousand;  in 
counties  having  a  population  of  fifteen  thousand  and  not  over  forty  thous- 
and, a  minimum  salary  of  four  thousand  dollars,  and  with  a  minimum  salary 
of  five  thousand  dollars  in  counties  having  a  population  of  over  forty 
thousand  or  more.  The  county  shall  continue  to  pay  the  salary  now  provided 
by  law,  until  the  whole  of  such  salaries  become  payable  from  the  state 
treasury  as  in  this  constitution  provided,  and  until  that  time  the  increase 
of  salary  provided  herein  shall  be  payble  monthly  out  of  the  state  treasury. 

Section  18.  The  provisions  contained  in  the  last  sentence  of  Section 
126  in  Article  V  shall  not,  so  far  as  same  affect  the  judges  of  the  county 
and  probate  courts,  become  effective  until  the  first  Monday  of  December, 
A.  D.  1923,  unless  hereafter  prior  to  that  date  the  General  Assembly  shall 
have  fixed  the  salaries  of  such  judges. 

Section  19.  The  clerk  of  the  Circuit  Court  of  Cook  County  in  office  on 
the  first  Monday  of  May,  A.  D.  1923,  shall  be  the  clerk  of  the  Circuit  Court 
herein  provided,  and  the  clerks  of  the  Superior,  Criminal  and  Probate  Courts 

—13  C  W 


194  JOURNAL    OF   THE  [Jlllie    15, 

of  Cook  County  and  of  the  Municipal  Court  of  Chicago  shall,  during  the 
terms  for  which  they  were  respectively  elected,  be  associate  clerks  of  the 
Circuit  Court  of  Cook  County,  exercising  as  near  as  may  be  the  same  powers, 
including  those  relating  to  the  selection,  appointment,  and  discharge  of  all 
those  employees  theretofore  in  service  in  each1  of  their  respective  offices; 
shall  have  same  powers  as  theretofore  in  regard  to  the  collection  and  dis- 
bursement of  moneys.  They  shall  perform  the  same  duties  and  receive  the 
same  salaries  as  on  the  first  Monday  of  May  A.  D.  1923.  At  the  November 
election  in  the  year  A.  D.  1924,  and  every  four  years  thereafter,  there  shall 
be  elected  a  clerk  of  the  Circuit  Court  of  Cook  County. 

In  case  there  shall  occur  a  vacancy  ill  the  office  of  the  clerk  of  the 
Circuit  Court  of  Cook  County  at  any  time  prior  to  the  November  election 
in  the1  year  A.  D.  1924,  then  and  in  that  case  such  vacancy  shall  be  filled  by 
appointment  by  a  majority  of  the  judges  and  associate  judges,  of  the  Circuit 
Court  of  one  of  such  associate  clerks  who  shall  hold  office  until  the  November 
election  in  1924. 

Section  20.  The  office  of  judge  of  the  city  court  and  judge  of  the  Probate 
Court  or  probate  judge  shall  be  abolished  from  and  after  the  respective 
consolidations  of  city'  and  Probate  Courts  with  other  courts  as  in  this 
Constitution  provided.  The  office  of  justices  of  the  peace  and  constable  ex- 
isting at  the  time  of  the  adoption  of  this  Constitution  shall,  from  and  after 
the  election  or  appointment  and  qualification  of  justices  of  the  peace  and 
constables  in  the  respective  districts,  towns  or  portions  of  towns,  in  accord- 
ance with  the  provisions  of  this  Constitution  as  to  such  districts,  towns  or 
portions  of  towns,  be  abolished. 

Section  21.  The  clerk  of  the  County  Court  of  each  county,  other  than 
the  County  of  Cook  in  office  on  the  third  day  of  December,  1923,  shall  be  the 
clerk  of  the  County  Court  and  the  clerk  of  the  Probate  Court  of  each 
county,  other  than  the  County  of  Cook,  having  a  probate  clerk,  shall  be 
the  chief  deputy  county  clerk  of  the  County  Court  during  the  terms  for  which 
they  were  elected,  and  at  the  salaries  received  by  them  severally  at  the  time  of 
the  adoption  of  this  Constitution  and  at  the  expiration  of  the  respective 
terms  of  office  of  the  probate  clerks  in  office  on  the  third  day  of  December 
1923,  said  office  of  probate  clerk  be  abolished. 

Section  22.  The  bailiff  of  the  Municipal  Court  of  Chicago  shall,  upon 
the  consolidation  of  the  courts  of  Cook  County  as  in  this  constitution  pro- 
vided become  assistant  sheriff  of  the  County  of  Cook  and  he  shall  during 
his  term  have  as  near  as  may  be  the  same  powers,  duties,  and  resposibilities 
as  prior  to  such  consolidation,  including  the  charge  of  his  deputies,  with 
power  of  selection,  appointment,  and  removal. 

Section  23.  This  constitution  shall  be  submitted  to  the  people  of  the 
State  of  Illinois  for  adoption  or  rejection  at  an  election  to  be  held/  on 

Saturday 

The  county  clerk  of  the  respective  counties  of  this  state  shall  give  notice 

between  the and. ....  .days  of ,  A.  D.  192^,  in  the  manner 

required  by  law  for  notices  of  general  elections,  that  at  such  election  this 
constitution  will  be  submitted  to  the  electors  of  this  state  for  adoption  or 
rejection. 

Section  24.  Every  person  entitled  to  vote  under  the  provisions  "of  this 
constitution,  as  defined  in  the  article  on  suffrage  and  election,  shall  be 
entitled  to  vote  for  the  adoption  or  rejection  of  this  constitution,  and  such 
persons  shall  vote  by  ballot  at  their  usual  places  of  voting  at*  a  general 
election.  Such  election  shall  be  conducted  and  the  returns  thereof  made 
according  to  the  laws  now  in  force  regulating  general  elections,  except  that 
no  registry  shall  be  required  at  such  election  except  in  election  districts"  in 
which  registration  of  voters  is  now  required  for  general  elections.  In  such 
districts  no  person  shall  vote  except  those  registered  as  required  by  existing 
laws.  The  polls  shall  be  kept  open  at  such  election  for  the  reception  of 
ballots  from  the  hour  of  seven  o'clock  in  the  morning  until  the  hour  of 
seven  o'clock  in  the  evening. 

Section  25.  The  officers  now  required  by  law,  in  the  case  of  general 
elections,  to  provide  proper  election  supplies  for  each  precinct  or  district, 


1922.]  COMMITTEE   OF    THE    WHOLE.  195 

shall  provide,  in  the  manner  now  required  by  law  for  conducting  general 
elections,  all  necessary  poll  books,  tally  sheets,  forms  of  return  and  ballots 
for  such  election.  There  shall  be  prepared  and  furnished  one  and  one-tenth 
times  as  many  ballots  as  there  are  voters  in  the  election  district  in  which 
such  officers  have  jurisdiction. 

Section  26.  The  elector  shall  designate  his  vote  by  a  cross  mark  thus, 
X,  to  be  placed  in  one  of  the  spaces  on  the  right-hand  margin  of  the  ballot. 
Each  ballot  shall  be  a  vote  for  a  vote  against  the  adoption  of  this  constitu- 
tion, as  shall  be  indicated  by  the  cross  mark  of  the  voter  on  the  ballot. 

Section  27.  The  ballots  cast  for  and  against  this  constitution  shall  be 
received  and  canvassed  by  the  judges  and  clerks  of  such  election  and  return- 
ed to  the  county  clerks  of  their  respective  counties  within  five  days  after 
such  election,  in  the  same  manner  as  ballots  cast  for  members  of  the  Gen- 
eral Assembly  are  required  by  law  to  be  received,  canvassed,  and  returned 
to  such  county  clerks. 

Section  28.  Returns  shall  be  made  by  the  several  county  clerks  to  the 
Secretary  of  State  and  shall  show  the  aggregate  number  of  votes  cast  in 
each  county  (a)  for  the  adoption  of  this  constitution,  and  (b)  against  the 
adoption  of  this  constitution.  Such  returns  shall  be  made  by  the  several 
county  clerks  within  fifteen  days  after  such  election;  such  returns  shall 
within  ten  days  thereafter  be  examined  and  canvassed  by  the  Attorney 
General,  the  Secretary  of  State,  the  Auditor  of  Public  Accounts,  and  the 
State  Treasurer,  or  any  three  of  them,  in  the  presence  of  the  Governor,  and 
proclamation  shall  be  made  by  the  Governor  forthwith  of  the  result  of  the 
canvass.  It  it  shall  appear  that  a  majority  of  the  votes  polled  are  for  the 
new  constitution,  the  same  shall  be  the  supreme  law  of  the  State  of  Illinois 

on  and  after the day  of 

GEORGE    A.    DUPUY,    Chairman, 
WM.  E.  TRAIJTMAN, 
PHILIP  E.   EI/TING, 
ANDREW  H.  MILLS, 
ALBERT  E.  TAFF, 

Committee  on  Schedule. 
•-» 
MINORITY  REPORT  OF  COMMITTEE  ON  SCHEDULE. 

The  undersigned  members  of  the  Committee  on  Schedule  beg  leave  to 
make  a  minority  report  as  to  sections  8  and  9,  in  substitution  for  which  we 
offer  following: 

Section  8.  The  terms  of  office  of  the  justices  of  the  Supreme  Court  in 
office  at  the  time  of  the  adoption  of  this  constitution  are  extended  to  the 
dates  of  the  respective  elections  first  tri  be  held  in  the  several  districts 
established  by  this  constitution  which  elections  shall  be  held  in  the  month 
of  June,  in  the  several  years,  and  in  the  several  districts,  and  (exce~pt  as 
herein  otherwise  provided)  every  ten  years  thereafter,  as  follows: 

In  the  four  district;  in  1925,  for  election  of  one  justice. 

In  the  fifth  district,  in  1925,  for  election  of  one  justice. 

In  the  sixth  district,  in  1925,  for  election  of  one  justice. 

In  the  third  district,  in  1927,  for  election  of  one  justice. 

In  the  first  district,  in  1927,  for  election  of  one  justice. 

In  the  second  district,  in  1931,  for  election  of  one  justice. 

The  term  of  office  of  the  justice  residing  in  the  second  district  (elected 
from  the  sixth  district  under  the  constitution  of  1870)  is  hereby  extended 
to  the  November  election,  1927,  at  which  time,  or  sooner  in  case  of  vacancy 
therein,  such  office  shall  cease  to  exist. 

Section  9.  On  the  day  this  constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  a  Justice  of  the  Supreme  Court 
in  the  first  judicial  district  designated  in  this  constitution  at  which  election 
every  person  entitled  to  vote  according  to  the  terms  of  this  constitution 
shall  be  allowed  to  vote,  and  the  election  shall  be  otherwise  conducted, 
returns  made  and  certificate  issued  in  accordance  with  existing  laws.  If, 
upon  canvassing  the  votes  for  and  against  the  adoption  of  this  constitution 


196  JOURNAL  OF  THE  [June  15, 

it  shall  appear  that  this  constitution  shall  not  have  been  adopted,  then  no 
certificate  of  election  shall  be  issued  for  said  justice. 

One  member  of  the  court,  to  be  elected  by  themselves,  from  among  the 
members  either  of  the  first  or  the  second  district  shall  be  designated,  and 
serve  as  administrative  executive  of  the  Supreme  Court,  so  long  as  there 
shall  be  two  members  of  the  court  from  the  second  district  under  this  con- 
stitution; and  while  so  designated,  such  justice  shall  be  releived  from  duty 
in  the  consideration  of  causes  pending  in  said  court. 

Said  justice  from  the  first  district,  if  elected  and  commissioned  shall 
hold  his  office  until  the  first  Monday  of  June,  nineteen  hundred  thirty-three. 

The  successor  in  office  of  the  justice  now  in  office  in  the  first  district 
under  this  constitution  sjiall  be  elected  on  the  first  Monday  of  June,  nineteen 
hundred  twenty-seven,  for  a  term  to  expire  on  the  first  Monday  of  June, 
nineteen  hundred  thirty-seven. 

The  successor  of  the  justice  now  in  office  for  the  second  district  under 
this  constitution  shall  be  elected  on  the  first  Monday  in  June,  nineteen 
hundred  thirty-one,  to  expire  on  the  first  Tuesday  after  the  first  Monday 
in  November,  nineteen  hundred  forty-one. 

The  successor  of  the  justice  now  in  office  for  the  third  district  under 
this  constitution  shall  be  elected  on  the  first  Monday  in  June,  nineteen 
hvndred  twenty-seven  for  a  term  to  expire  on  the  first  Tuesday  after  the 
first  Monday  in  November,  nineteen  hundred  thirty-nine. 

The  successors  in  office  of  the  justices  now  in  office  in  the  fourth  and 
sixth  districts  under  this  constitution  shall  be  elected  on  the  first  Monday 
in  June,  nineteen  hundred  twenty-five  for  terms  to  expire  respectively  on 
the  first  Tuesday  after  the  first  Monday  in  November,  nineteen,  hundred 
thirty-five. 

The  successor  in  office  of  the  justice  now  in  office  in  the  fifth  district 
under  this  constitution,  shall  be  elected  on  the  first  Monday  in  June,  nine- 
teen hundred  twenty-five,  for  a  term  to  expire  on  the  first  Monday  in  Nov- 
ember, nineteen  hundred  thirty-seven. 

GEORGE  A.  DUPUY, 
PHILIP  E.  ELTING. 

Section  1  was  taken  up  for  consideration  -and  on  motion  of  Mr. 
Cutting,  was  adopted. 

Section  2  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Adams,  was  adopted. 

Section  3  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Taff,  was  adopted. 

Section  4  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann  was  adopted. 

Section  5  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Taff,  was  adopted. 

Section  7  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Sections  8  and  9  were  taken  up  for  consideration. 

Whereupon,  Mr.  Elting  moved  that  sections  8  and  9  of  the  Minority 
Report,  be  substituted  for  sections  8  and  9  of  the  majority  report. 

The  question  being  on  the  motion  to  substitute,  a  division  of  the; 
Committee  was  had,  resulting  as  follows:  Yeas,  25;  nays,  31. 

And  the  motion  was  lost. 

Mr.  Rinaker  offered  the  following  as  a-  substitute  for  sections  8 
and  9,  and  moved  its  adoption : 

Substitute  for  section  8  and  9  of  the  majority  report  the  following: 
The  term  of  office  of  the  Justices  of  the  Supreme  Court  in  office  at  the 
time  of  the  adoption  of  this  Constitution,  are  extended  to  the  dates  of  the 


1922.]  COMMITTEE   OF    THE   WHOLE.  197 

several  elections  first  held  in  their-  respective  districts,  which  elections 
shall  be  held  on  the  following  dates  and  every  ten  years  thereafter,  and  by 
separate  ballots  for  judicial  offiicers  only. 

At  the  annual  election  in  the  year  1923,  one  justice  in  the  first  district. 

At  the  annual  election  in  the  1925,  one  justice  from  the  sixth  district. 

At  the  annual  election  in  the  year  1926,  one  justice  from  the  fourth  dis- 
trict. 

At  the  annual  election  in  the  year  1927,  one  justice  from  the  third  dis- 
trict. 

At  the  annual  election  in  the  year  1928,  one  justice  from  the  fifth  dis- 
trict. 

At  the  annual  election  in  the  year  1929,  one  justice  from  the  first  dis- 
trict. 

At  the  annual  election  in  the  year  1930,  one  justice  from  the  second 
district,  until  which  time,  if  there  be  two  Justices  residing  in  'said  district, 
the  Supreme  Court  shall  consist  of  eight  Justices,  only  seven  of  whom  shall 
take  part  in  the  decision  of  couses  pending  in  said  Court,  and  the  remain- 
ing justice  to  be  designated  by  the  Court,  shall  administer  its  powers  and 
duties  other  than  the  consideration  of  causes  pending  in  that  Court. 

Mr.  Hamill  moved  to  lay  the  substitute  on  the  table. 

The  question  being  on  the  motion  to  table,  a  division  of  the  Com- 
mittee was  had,  resulting  as  follows:  Yeas,  30:  nays,  20. 

The  motion  prevailed. 

And  the  substitute  for  sections  8  and  9  was  ordered  to  lie  on  the 
table. 

Mr.  Jarman  raised  the  point  of  no  quorum  and  thereupon  a  call  of 
the  Committee  was  had,  resulting  as  follows :  Present,  57. 

Those  answering  present  are :     Messrs. 

Adams  De  Young  Jack  Nichols  Stahl 

Barr  Dietz  Jarman  O'Brien  Taft* 

Brenholt  Dunlap  Johnson,  W.  A.        Pinnell  Tebbens 

Brewster  Dupee,  B.  H.  Kerrick  Riraker  Traeger 

Carlstrom  Dupuy,  G.  A.  Kunde  Rosenberg  Trautmann 

Chew  Elting  L,indly  Scanlan  Wall 

Clarke  Fifer  McBwen  Shanahan  Warren 

Coolley  Ganschow  Meinert  Shuey  Whitman 

Corlett  Gilbert  Miller  Six  Wilson 

Cruden  Hamill  Mills  Smith  Woodward 

Davia  Hogan  Moore  Sneed  Mr.  President 

Dawes  Hull  Present — 57. 

The  Chairman  announced  that  a  quorum  of  the  Committee  was 
present. 

The  question  then  being  on  the  adoption  of  sections  8  and  9,  a 
division  of  the  Committee  was  had,  resulting  as  follows:  Yeas,  44; 
nays,  14. 

And  sections  8  and  9  were  adopted. 

Section  10  was  taken  up  for  consideration. 

The  question  being  on  the  adoption  of  the  section,  a  division  of  the 
Committee  was  had,  resulting  as  follows:  Yeas,  42;  nays.  22. 

And  section  10  was  adopted. 

Mr.  DeYoung  offered  the  following  as  a  new  section  to  be  known  as 
section  lO1/^,  and  moved  its  adoption : 

Section  10%.  The  Judges  of  the  circuit  and  superior  courts  of  Cook 
County  now  serving  as  judges  of  the  appellate  court  for  the  first  district 
and  its  branches,  shall  become  judges  of  the  appellate  court  for  the  first 
district  under  this  constitution  to  hold  office  until  January  1,  nineteen 
hundred  twenty-nine.  The  judges  of  the  appellate  court  of  the  second  dis- 
trict, the  appellate  court  of  the  third  district  and  the  appellate  court  (of 
the  fourth  district  under  this  constitution  shall  be  appointed  by  the  supreme 


198  JOURNAL  OF  THE  [June  15, 

court  as  soon  as  may  be  after  the  adoption  of  this  constitution,  to  hold 
office  until  January  first,  nineteen  hundred  twenty-nine. 

And  the  question  being  on  the  adoption  of  section  101/2  it  was 
decided  in  the  affirmative. 

Section  11  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Section  12  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Section  lOa  was  taken  up  for  consideration. 

Whereupon  Mr.  Corlett  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  1. 

Amend  section  10A  by  adding  thereto  the  following: 

Until   otherwise   provided   by   law   each   Appellate   Judge   shall    have   a 

clerk  appointed  and  paid  as  now  provided  by  law  for  Circuit  Judges  assigned 

to  serve  in  the  appellate  court. 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Committee  was  had,  resulting  as  follows:  Yeas,  20;  nays,  29. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  lOa,  it  was 
decided  in  the  affirmative. 

Section  13  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Section  14  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  postponed. 

Section  15  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Section  10  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Section  17  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Trautmann,  was  adopted. 

Section  18  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Mills,  was  adopted. 

Section  20  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Mills,  was  adopted. 

Section  21  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Mills,  was  adopted. 

Section  22  was  taken  up  for  consideration. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption : 

AMENDMENT  No.  2. 

Amend  section  22  by  striking  out  the  word  "assisstant"  in  the  third  line 
and  inserting  in  lieu  thereof  the  word  "associate." 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  22,  as  amended, 
it  was  decided  in  the  affirmative. 

Section  14  was  again  taken  up  for  consideration. 

Whereupon  Mr.  Trautmann  offered  the  following  amendment  and 
moved  its  adoption: 


1922.]  COMMITTEE    OF    THE   WHOLE.  199 

AMENDMENT  No.  3.  / 

Amend  the  last  sentence  of  section  14  by  subtituting  therefor  the  follow- 
ing: 

"After  the  expiration  of  his  term  of  office  all  such  authority  and  super- 
vision shall  devolve  upon  some  elective  county  officer  or  officers  as  provided 
by  law  which  provision  shall  be  made  by  the  General  Assembly  by  the  first 
day  of  July,  A.  D.  1925. 

And  the  amendment  was  adopted. 

The  question  then  being  on  the  adoption  of  section  14,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Shanahan  offered  the  following  as  a  new  section  to  be  known 
as  section  22 A.,  and  moved  its  adoption: 

Note:      Section  to  bei  offered   as   an   additional    section    in   Report    of 
Schedule  Committee  and  if  adopted  to  be  transferred  to  the  proper  section 
of  the  constitution  by  the  Committee  on  Phraseology  and  Style. 
(Section  29  Legislative  Article  Constitution  of  1870) 
Section     22A.     The    General    Assembly    shall    pass    for    the    protection 
of   operative    miners,    providing    for   ventilation    and    the    construction    of 
escapement  shafts  or  other  appliances  securing  safety  in  mines;   and  shall 
provide  for  the  enforcement  thereof  by  such  penalties  and  punishments  as 
it  deems  proper. 

And  the  question  being  on  the  adoption  of  section  22A,  it  was 
decided  in  the  affirmative. 

Section  24  was  taken  up  for  consideration. 

Whereupon  Mr.  Mills  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  4. 

Amend  section  24  in  next  to  the  last  line  by  striking  out  the  word 
"seven"  and  inserting  in  lieu  thereof  the  word  "six." 

And  the  amendment  was  adopted. 

Pending  further  consideration,  Mr.  Trautmann  moved  that  section 
25,  of  the  Article  on  Schedule  in  the  present  Constitution,  together  with 
sections  23  to  28,  both  inclusive,  of  this  report,  be  reported  to  the  Con- 
vention with  the  recommendation  that  they  be  referred  to  the  Committee 
on  Submission  and  Address. 

And  the  motion  prevailed. 

At  the  hour  of  1:20  o'clock  p.  m.,  Mr.  Brenholt  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


200  JOUUiVAL  OF  THE  [June  20, 


TUESDAY,  JUNE  20,  1922. 

At  the  hour  of  10  :40  o'clock  a.  ra.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  fo?  the  further  consideration  of  the  report  of  the 
Committee  on  Schedule. 

Mr.  G.  A.  Dupuy,  Chairman  of  the  Committee  on  Schedule,  pre- 
siding. 

The  Committee  of  the  'Whole,  having  heretofore  had  under  dis- 
cussion, on  June  15,  the  consideration  of  the  report  of  the  Committee 
on  Schedule,  section  6  thereof  was  taken  up  for  consideration. 

Whereupon  Mr.  Taff  offered  the  following  amendment  and  moved 
its  adoption : 

AMENDMENT  No.  5. 

Amend  section  6  by  adding  at  the  end  thereof  the  following: 
"Except  as  in  this  constitution  otherwise  provided,  the  term  of  office 
of  every  person  holding  any  office  of  the  State,  or  of  any  political  subdivi- 
sion thereof  or  municipal  corporation  therein  shall  expire  at  the  time 
provided  by  existing  laws.  All  persons  who  shall  be  elected  to  office  at 
any  election  occuring  prior  to  November,  A.  D.  1923,  shall  hold  office  during 
the  regular  term  provided  by  law  and  for  the  additional  time  until  the  next 
ensuing  November  election. 

v  And  the  amendment  was  adopted. 

Pending  further  consideration,  Mr.  Lindly  moved  that  further  con- 
sideration of  section  6,  as  amended,  be  postponed. 

And  the  motion  prevailed. 

Section  19  was  taken  up  for  consideration  and  on  motion  of  Mr. 
Shanahan,  was  postponed. 

Mr.  Six  offered  the  following  amendment  and  moved  its  adoption: 

AMENDMENT  No.  6. 

Amend  the  article  on  Schedule  by  adding  thereto  the  following: 
"Section  25  of  the  Judicial  Article    (VI)    shall  not  prevent  the  appoint- 
ment of  sitting  Judges  of  the  Appellate  Court  to  serve  in  Courts  outside  the 
districts  in  which  such  Judges  reside. 

Pending  consideration,  Mr.  Barr  moved  that  the  foregoing  amend- 
ment be  reported  to  the  Convention  with  the  recommendation  that  it  be 
referred  to  the  Committee  on  Judicial  Department. 

And  the  motion  prevailed. 

Mr.  Taff  offered  the  following  as  a  new  section  to  be  known  as 
section  22B,  and  moved  its  adoption : 

Section  22B.  All  laws  of  the  State  of  Illinois  and  all  official  writings 
and  the  executive,  legislative  and  judicial  proceedings  shall  be  conducted, 
preserved  and  published  in  no  other,  than  the  English  language;  but  the 
Supreme  Court  may,  by  rule,  provide  for  the  use  in  the  flies  and  records 


1922.]  COMMITTEE   OF    THE   WHOLE.  201 

of  judicial  proceedings  of  such  abbreviations  of  words  and  sentences  as  the 
court  may  deem  proper. 

And  the  question  being  on  the  adoption  of  section  22B,  it  was 
decided  in  the  affirmative. 

Mr.  Clarke  offered  the  following  as  a  new  section  to  be  known  as 
section  I8y2,  and  moved  its  adoption: 

Section  IS1/^.  Counties'  having  a  population  of  less  than  seventy-five 
thousand  which  have  a  county  judge  and  a  probate  judge  at  the  time  of  the 
adoption  of  this  constitution,  shall  elect  in  nineteen  hundred  twenty-seven 
two  county  judges. 

And  the  question  being  on  the  adoption  of  section  181/2,  it  was 
decided  in  the  affirmative. 

Mr.  Taff  offered  the  following  as  a  new  section  to  be  known  as 
section  22C,  arid  moved  its  adoption : 

Section  22C.  Each  court  into  which,  by  the  provisions  of  this  Constitu- 
tion, other  courts  are  consolidated  shall  immediately,  upon  such  consolidation 
succeed  to  and  assume  jurisdiction  of  all  causes,  matters  and  proceedings 
then  pending  in  all  courts  of  which  it  is  the  successors,  with  full  power  and 
authority  to  dispose  of  the  same,  and  to  carry  into  execution  or  otherwise  to 
give  effect  to  all  orders,  judgments  and  decrees  theretofore  entered  by  the 
respective  courts  thus  consolidated. 

And  the  question  being  on  the  adoption  of  section  22C,  it  was 
decided  in  the  affirmative. 

Mr.  Taff  offered  the  following  as  a  new  section  to  be  known  as 
section  22D,  and  moved  its  adoption  : 

Section  22D.  All  judicial  circuits  established  by  law  at  the  adoption 
of  this  Constitution  shall  be  preserved  until  changed  by  law. 

And  the  question  being  on  the  adoption  of  section  22  D,  it  was 
decided  in  the  affirmative. 

At  the  hour  of  11:40  o'clock  a.  m.,  Mr.  Davis  moved  that  the 
Committee  do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


202  JOURNAL  OF  THE  [June  21, 


WEDNESDAY,  JUNE  21,  1922. 

At  the  hour  of  3:4.0  o'clock  p.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  further  consideration  of  the  report  of  the 
Committee  on  Schedule. 

Mr.  G.  A.  Dupuy,  Chairman  of  the  Committee  on  Schedule,  pre- 
siding. 

The  Committee  of  the  Whole,  having  heretofore  had  under  dis- 
cussion, on  June  20,  the  consideration  of  the  report  of  the  Committee 
on  Schedule,  section  0  thereof  was  again  taken  up  for  consideration  and 
was  temporarily  passed. 

Mr.  Trautrnann  offered  the  following  as  a  ne\v  section  to  he  known 
as  section  101/4,  and  moved  its  adoption : 

Section  10%.  The  Clerk  of  the  Supreme  Court  and  the  Clerks  of  the  Ap- 
pellate Courts  holding  office  at  the  time  this  Constitution  goes  into  effect 
shall  hold  office  until  the  expiration  of  the  terms  of  office  to  which  they 
have  been  elected. 

And  the  question  being  on  the  adoption  of  section  101/4,  it  was 
decided  in  the  affirmative. 

Mr.  Trautmann  offered  the  following  as  a  new  section  to  he  known 
as  section  131/4,  and  moved  its  adoption : 

Section  13J/i.  The  Judges  of  the  Circuit  Court  of  each  Circuit,  other 
than  the  County  of  Cook,  in  office  at  the  time  of  the  adoption  of  this 
Constitution,  shall  continue  to  hold  office  during  the  term  for  which  they 
were  elected  or  appointed  and  until  their  successors  are  elected  and  shall 
qualify. 

And  the  question  being  on  the  adoption  of  section  1314?  it  was 
decided  in  the  affirmative. 

Mr.  Trautmann  offered  the  following  as  a  new  section  to  be  known 
as  section  13%,  and  moved  its  adoption: 

Section  13  y».  The  Circuit  Court  of  each  county  is  hereby  continued,  and 
on  the  first  Monday  of  November,  A.  D.  1927,  the  Circuit  and  city  courts  in 
each  county  other  than  Cook,  where  both  courts  exist,  shall  be  consolidated 
into  one  court  of  record  to  be  known  as  the  Circuit  Court. 

And  the  question  being  on  the  adoption  of  section  131/2,  it  was 
decided  in  the  affirmative. 

Section  19  was  again  taken  up  for  consideration. 

Whereupon  Mr.  D'eYoung  offered  the  following  as  a  substitute  for 
section  19,  and  moved  its  adoption : 

Amend  section  19  by  substituting  therefor  the  following: 
Section  19.  The  Clerk  of  the  Circuit  Court  of  Cook  county  in  office  on 
the  first  Monday  of  May,  A.  D.  1923,  shall  be  the  clerk  of  the  Circuit  Court 
herein  provided,  and  the  clerks  of  the  Superior,  Criminal,  County  and 
Probate  Courts  of  Cook  county  and  of  the  Municipal  Court  of  Chicago  shall, 
during  the  terms  for  which  they  were  respectively  elected,  be/  associate 
clerks  of  the  Circuit  Court  of  Cook  County,  exercising  as  near  as  may  be  the 
same  powers,  including  those  relating  to  the  appointment  and  discharge  of 


1922.]  COMMITTEE   OF    THE    WHOLE.  203 

employes  and  to  the  collection  and  disbursement  of  monies  and  performing 
the  same  duties  and  receiving  the  same  salaries  as  on  the  first  Monday  of 
May,  A.  D.  3923. 

In  case  there  shall  occur  a  vacancy  in  the  office  of  the  clerk  of  the 
Circuit  Court  of  Cook  County  at  any  time  prior  to  the  November  election 
in  the  year  A.  D.  1924,  then  and  in  that  case  such  vacancy  shall  be  filled  by 
appointment  by  a  majority  of  the  judges  and  associate  judges,  of  the  Circuit 
Court  of  one  of  such  associate  clerks  who  shall  hold  office  until  the  Nov- 
ember election  in  1924. 

And  the  question  being  on  the  adoption  of  section  1 9,  as  amended, 
it  was  decided  in  the  affirmative. 

Mr.  Scanlan  offered  the  following  amendment  and  moved  that  it 
be  reported  to  the  Convention  with  the  recommendation  that  it  be  re- 
ferred to  the  Committee  on  Judicial  Department : 

AMENDMENT  No.  7. 

(To  be  transferred  to  Judiciary  Article  by  Committee  on  Phraseology 
raid  Style  if  adopted  by  the  Convention." 

"In  any  county  where  there  are  two  county  judges  or  more  they  shall 
determine  by  lot  on  the  first  Monday  of  January  each  year  which  one  of 
them  -shall  act  as  chief  justice  for  the  ensuing  year." 

Whereupon  Mr.  Jarmaii  raised  the  point  of  order  that  the  amend- 
ment was  not  in  order  in  Committee  of  the  Whole,  for  the  reason  that 
it  was  not  germane  to  the  matter  contained  in  the  schedule. 

And  the  point  of  order  was  sustained. 

At  the  hour  of  4 :20  o'clock  p.~"m.,  Mr.  Hamill  moved  that  the  Com- 
mittee do  now  rise,  report  progress  and  ask  leave  to  sit  again. 

And  the  motion  prevailed. 


204  JOUENAL  or  THE  [June  21, 


WEDNESDAY,  JUNE  21,  1922. 

At  the  hour  of  G  :20  o'clock  p.  in.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  further  consideration  of  the  report  of  the 
Committee  on  Schedule. 

Mr.  G.  A.  Dupuy,  Chairman  of  the  Committee  on  Schedule,  pre- 
siding. 

The  Committee  of  the  Whole,  having  heretofore  had  under  dis- 
cussion, today,  the  consideration  of  the  report  of  the  Committee  on 
Schedule,  section  6  thereof  was  again  taken  up  for  consideration. 

In  order  to  ascertain  the  sense  of  the  Committee,  with  reference 
to  municipal  elections,  Mr.  Dunlap  moved  that  all  municipal  elections 
expiring  in  April,  1923,  be  extended. 

And  the  motion  prevailed. 

Mr.  Trautmann  moved  that  such  extension  shall  not  apply  to  the 
county  of  Cook. 

And  the  motion  prevailed. 

The  question  then  being  on  the  adoption  of  section  G,  as  amended, 
it  was  decided  in  the  affirmative. 

At  the  hour  of  G  :27  o'clock  p.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


1922.]  COMMITTEE    OF    THE   WHOLE.  205 


THURSDAY,  JUNE  22,  1922. 

At  the  hour  of  9  :30  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  the  Majority  and  Minority 
Reports  of  the  Committee  on  Industrial  Affairs  and  Labor,  submitted 
December  8,  1920. 

Mr.  Sneed,  Chairman  of  the  Committee  on  Industrial  Affairs  and 
Labor,  presiding. 

The  Majority  and  Minority  Reports  having  been  taken  up  and  read. 

Pending  discussion,  Mr.  Hamill  moved  that  the  Committee  of  the 
Whole  report  Proposal  No.  232  to  the  Convention  with  the  recommenda- 
tion that  it  do  not  pass. 

And  the  motion  prevailed. 

At  the  hour  of  9 :40  o'clock  a.  m.,  Mr.  Hamill  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


206  JOURNAL  OF  THE  [June  22, 


THURSDAY,  JUNE  22,  1922, 

At  the  hour  of  10 :10  o'clock  a.  m.,  the  Convention  again  went  into 
Committee  of  the  Whole  for  the  consideration  of  the  Majority  and 
Minority  Reports  of  the  Committee  on  Industrial  Affairs  and  Labor, 
submitted  December  8,  1920,  on  a  recommittal  of  its  previous  report 
by  the  Convention. 

Mr.  Scanlan,  presiding. 

Pending  discussion,  Mr.  Miller  offered  the  following  as  a  substitute 
for  the  Majority  and  Minority  Reports  of  the  Committee  on  Industrial 
Affairs  and  Labor,  and  moved  its  adoption : 

"Resolved,  That  the  following  shall  become  a  part  of  the  Constitution 
of  Illinois: 

LABOR. 

Section  1.  The  labor  of  a  human  being  is  an  attribute  of  life  and  is 
not  a  commodity  or  article  of  commerce. 

Section  2.  The  right  of  workmen  to  organize  into  trade  and  labor 
unions]  and  to  deal  and  speak  through  representatives  chosen  by  them- 
selves is  declared  and  it  shall  not  be  abridged. 

And  the  substitute  was  adopted. 

Mr.  Miller  offered  the  following  amendment  to  the  substitute  and 
moved  its  adoption : 

Amend  the  substitute  for  the  majority  and  minority  reports  of  the 
Committee  on  Industrial  Affairs  and  Labor  by  striking  out  all  after  the 
word  and  figure  "Section  1"  and  inserting  in  lieu  thereof  the  following: 

"No  law  shall  be  passed"  denying  the  right  of  workmen  to  organize  into 
trade  and  labor  unions  and  to  deal  and  speak  through  representatives  chosen 
by  themselves." 

And  the  amendment  was  adopted. 

Mr.  Hamill  offered  the  following  amendment  and  moved  its  adop- 
tion : 

Amend  the'  substitute  for  the  majority  and  minority  reports  of  the 
Committee  on  Industrial  Affairs  and  Labor  by  striking  out  all  after  the 
word  and  figure  "Section  1"  and  inserting  in  lieu  thereof  the  following: 

"The  right  of  individuals  to  associate  together  for  lawful  purposes  shall 
not  be  abridged  or  denied." 

And  the  amendment  was  lost. 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

Amend  the  substitute  for  majority  and  minority  reports'  of  the  Com- 
mittee on  Industrial  Affairs  and  Labor  by  striking  out  the  following:  "and 
to  deal  and  speak  through  representatives  chosen  by  themselves." 

Mr.  Shanahan  moved  to  lay  the  amendment  on  the  table. 
And  the  question  being  on  the  motion  to  table,  it  was  decided  in 
the  affirmative. 


1922.]  COMMITTEE   OF    THE   WHOLE.  207 

Mr.  Sutherland  offered  the  following  amendment  and  moved  its 
adoption : 

Amend  the  substitute  for  the  majority  and  minority  reports  of  the 
Committee  on  Industrial  Affairs  and  Labor,  by  inserting  after  the  word 
"speak"  the  words  "individually  or." 

And  the  amendment  was  lost. 

Pending  further  consideration,  Mr.  Sneed  moved  that  the  substitute 
for  the  Majority  and  Minority  Reports  of  the  Committee  on  Industrial 
Affairs  and  Labor,  as  amended,  be  adopted. 

And  the  motion  prevailed. 

At  the  hour  of  12:05  o'clock  p.  in.,  Mr.  Dunlap  moved  that  the 
Committee  do  now  rise  and  report. 

And  the  motion  prevailed. 


208  JOURNAL  OF  THE  [June  22, 


THURSDAY,  JUNE  22,  1922. 

At  the  hour  of  5:55  o'clock  p.  m.,  the  Convention  went  into  Coin- 
in  itlee  of  the  Whole,  for  the  consideration  of  the  report  of  the  Com- 
mittee on  Submission  and  Address. 

Mr.  Green,  Chairman  of  the  Committee  on  Submission  and  Ad- 
•lre?s,  presiding. 

The  report  of  the  Committee  was  taken  up  and  read  at  large,  as 

''(  '  'o-.v;;  ; 

Yorr  committee  on  Submission  and  Address  respectfully  makes  the 
"i'wi-ng  report  and  moves  its  adoption  by  the  Convention. 

We  recommend  that  the  following  sections  be  adopted  and  incorporated 
a  p~rt  of  the  schedule  to  the  main  body  of  the  Constitution: 

Section  1.  This  Constitution  shall  be  submitted  to  the  people  of  the 
State  cf  Illinois  for  adoption  or  revision  at  an  election  to  be  held'  on 
Trosdav  the  twelfth  day  of  December  in  the  year  nineteen  hundred  and 
twenty-two.  The  county  clerks  of  the  respective  counties  of  this  State  shall 
r-'v<i  notice  between  the  first  and  tenth  days  of  November,  1922,  in  the  manner 
y— rirod  by  law  for  notices  of  general  elections,  that  at  such  election  this 
Corrtitrt-on  will  be  submitted  to  the  electors  of  this  State  for  adoption 
rr  -ejection. 

Fection  2.  Every  person  entitled  to  vote  under  the  provisions  of  exist- 
*re-  lavs  shall  be  entitled  to  vote  for  the  adoption  oirl  rejection  of  this 
^ori"titrtion.  and  such  persons  shall  vote  by  ballot.  Such  election  shall  be 
rcnducted  and  the  returns  thereof  made  according  to  the  laws  now  in  force 
regulating  general  elections.  The  polls  shall  be  kept  open  at  such  election 
fr~m  the  hour  of  six  o'clock  in  the  morning  until  the  hour  of  seven  o'clock 
in  the  evening. 

Section  3.  The  officers  now  required  by  law,  in  the  casej  of  general 
elections,  to  provide  proper  election  supplies  for  each  precinct  or  district, 
shall  provide,  in  the  manner  now  required  by  law  for  conducting  general 
elections,  all  necessary  poll  books,  tally  sheets,  form  of  return,  and  ballots 
for  such  election. 

Section  4.  The  ballots  to  be  used  at  such  elections  shall  be  substantially 
In  the  following  form: 

REVISED  CONSTITUTION  ELECTION  BALLOT. 

I  j          j          I 

SHALL  THE  PROPOSED  NEW  YES 


CONSTITUTION  BE  ADOPTED  NO 

I j j I 

Section  5.  The  elector  shall  designate  his  vote  by  a  cross  mark  thus,  X, 
to  be  placed  in  one  of  the  squares  on  the  right-hand  margin  of  the  ballot. 
Each  ballot  cast  shall  be  a  vote  for  or  a  vote  against  the  adoption  of  this 
constitution,  as  shall  be  indicated  by  the  cross  mark  of  the  voter  on  the 
ballot. 

Section  6.  The  ballots  cast  for  and  against  this  Constitution  shall  be 
received  and  canvassed  by  the  judges  and  clerks  of  such  election  and  re- 
turned as  provided  by  law  for  general  elections. 


1922.]  COMMITTEE   OF    THE   WHOLE.  209 

Section  7.  Within  fifteen  days  after  such  election,  returns  thereof  shall 
be  made  by  the  several  county  clerks  to  the  Secretary  of  State  and  shall 
show  the  aggregate  number  of  votes  cast  in  each  county  (a)  for  the  adop- 
tion of  this  Constitution,  and  (b)  against  the  adoption  of  this  Constitution. 
Such  returns  shall  within  ten  days  thereafter  be  examined  and  canvassed  by 
the  Attorney  General,  the  Secretary  of  State,  the  Auditor  of  Public  Accounts, 
and  the  State  Treasurer,  or  any  three  of  them,  in  the  presence  of  the  Gov- 
ernor, and  proclamation  shall  be  made  by  the  Governor  forthwith  of  the 
result  of  the  canvass.  If  it  shall  appear  that  a  majority  of  the  votes  cast 
are  for  the  new  Constitution,  the  same  shall  be  the  Supreme  law  of  the  State 

of  Illinois  on  and  after the  fifteenth  day  of  January, 

A.  D.  1923,  and  the  existing  Constitution  shall  thereupon  cease   ini  all  its 
provisions. 

Section  1  was  taken  up  for  consideration  and,  on  motion,  was 
adopted. 

Section  2  was  taken  up  for  consideration. 

Whereupon  Mr.  Dunlap  offered  the  following  amendment  and 
moved  its  adoption : 

Amend  section  2  by  striking  out  the  figure  "7"  in  the  last  line  thereof 
and  inserting  in  lieu  thereof  the  figure  "6". 

The  question  being  on  the  adoption  of  the  amendment,  a  division 
of  the  Committee  was  had,  resulting  as  follows:  Yeas,  11;  nays,  31. 

And  the  amendment  was  lost. 

The  question  then  being  on  the  adoption  of  section  2,  it  was  decided 
in  the  affirmative. 

Section  3  was  taken  up  for  consideration,  and,  on  motion,  adopted. 

Section  4  was  taken  up  for  consideration,  and,  on  motion,  adopted. 

Section  5  was  taken  up  for  consideration,  and,  on  motion,  adopted. 

Section  6  was  taken  up  for  consideration,  and,  on  motion,  adopted. 

Section  7  was  taken  up  for  consideration. 

Whereupon  Mr.  Taff  offered  the  following  amendment  and  moved 
its  adoption : 

Amend  section  7  by  striking  out  the  rest  of  the  sentence  after  the  word 
"show"  in  line  3,  and  inserting  in  lieu  thereof  the  following: 

"(a)  the  aggregate  number  of  electors  voting  in  each  county,  (b)  the 
aggregate  number  of  votes  cast  for  the  adoption  of  this  Constitution,  and 
(c)  the  aggregate  number  of  votes  cast  against  the  adoption  of  this  Con- 
stitution." 

And  the  amendment  was  adopted. 

Mr.  Trautmann  offered  the  following  amendment  and  moved  its 
adoption : 

Amend  section  7  by  inserting  after  the  word  "after"  in  the  third  to 
the  last  line,  the  following:  "12  o'clock  noon  of". 

And  the  amendment  was  adopted. 

Mr>  Trautmann  moved  to  reconsider  the  vote  by  which  section  5  was 
heretofore  adopted. 

And  the  motion  prevailed. 

Mr.  Trautmann  thereupon  offered  the  following  amendment  and 
moved  its  adoption : 

Amend  section  5  by  striking  out  all  of  the  section  after  the  word 
"ballot"  in  the  3rd  line. 

And  the  amendment  was  adopted. 

—14  C  w 


210  JOUKNAL  OF  THE  [June  22, 

The  question  then  being  on  the  adoption  of  section  5,  as  amended., 
it  was  decided  in  the  affirmative. 

At  the  hour  of  6  :35  o'clock  p.  m.,  Mr.  Barr  moved  that  the  Com- 
mittee do  now  rise  and  report. 

And  the  motion  prevailed. 


1922.]  COMMITTEE   OF    THE   WHOLE.  211 


WEDNESDAY,  JUNE  28,  1922. 

At  the  hour  of  9  :15  o'clock  a.  m.,  the  Convention  went  into  Com- 
mittee of  the  Whole,  for  the  consideration  of  Report  No.  24,  of  the 
Committee  on  Phraseology  and  Style,  on  the  Constitution  as  a  unit  or 
whole. 

Mr.  Einaker,  member  of  the  Committee  on  Phraseology  and  Style, 
presiding. 

The  report  being  taken  up  and  read  and  considered  article  by 
article,  the  following  changes  and  amendments  as  to  form  were  adopted 
by  the  Committee  of  the  Whole,  to-wit : 

PREAMBLE. 
No  change. 

ARTICLE  I. 
BILL  OF  RIGHTS. 

Section  8.  Made  a  solid  paragraph  to  read  as  follows: 
Section  8.  No  person  shall  be  held  to  answer  for  a  capital  offense  un- 
less on  indictment  of  a  grand  jury.  Offenses  which  may  be  punished  by  im- 
prisonment in  the  penitentiary  may  be  prosecuted  by  indictment  or  on  in- 
formation filed  by  the  attorney  general  or  by  a  state's  attorney.  No  such 
information  shall  be  filed  by  a  state's  attorney  except  by  leave  granted, 
either  in  term  time  or  in  vacation,  by  a  judge  of  a  court  of  record  having 
jurisdiction  of  the  offense,  after  a  showing  of  probable  cause.  All  other 
offenses  may  be  prosecuted  as  provided  by  law.  This  section  shall  not 
apply  to  cases  of  impeachment,  cases  arising  in  the  army  and  navy  and  in 
the  militia  when  in  actual  service  in  time  of  war  or  public  danger. 
No  other  change  in  the  Bill  of  Rights. 

ARTICLE  II. 

POWERS  AND  FORM  OF  GOVERNMENT. 
No  change. 

ARTICLE  III. 
LEGISLATIVE  DEFARTMENT. 

Section  37.  Made  a  single  paragraph  to  read  as  follows: 
Section  37.  Appropriation  bills  to  pay  members,  officers  and  employees 
of  the  general  assembly  shall  contain  no  provision  on  any  other  subject. 
Appropriations  for  the  offices  of  governor,  lieutenant  governor,  secretary 
of  state,  attorney  general,  treasurer,  auditor  of  public  accounts  and  super- 
intendent of  public  instruction  shall  be  made  by  separate  bills  for  each 


Section  39.     Made  a  single  paragraph  to  read  as  follows: 
Section  39.     No   subject   matter    shall    be    included    in    any    conference 
committee  report  on  an  appropriation  bill  unless  such  subject  matter  direct- 


212  JOURNAL  OF  THE  [June  28, 

ly  relates  to  matters  of  difference  between  the  houses  and  has  been  speci- 
fically referred  to  the  conference  committee.  No  report  of  any  conference 
committee  on  an  appropriation  bill  shall  be  considered  and  no  appropriation 
bill  shall  be  voted  on  unless  the  report  and  the  bill  in  its  final  form  have 
respectively  been  printed  and  placed  on  the  desks  of  the  members  at  least 
three  legislative  days  before  the  report  is  considered  or  the  bill  is  passed. 

Section  44.  The  various  clauses  of  the  section  were  thrown  into  a 
solid  paragraph.  The  following  words  from  section  48  "grant  or  change 
any  corporate  powers  except  those  of  educational,  charitable,  reformatory 
or  penal  corporations,  under  the  patronage  and  control  of  the  state"  were 
made  the  last  clause  of  section,'  44  and  section  44  was  made  to  read  as 
follows : 

Section  44.  No  local  or  special  law  shall  grant  divorces;  change  the 
names  of  persons  or  places;  provide  for  opening,  altering  or  working  public 
highways;  vacate  highways,  public  grounds  or  town  plats;  regulate  county 
or  town  affairs;  create  municipal  corporations  or  amend  their  charters; 
provide  for  summoning  or  impaneling  juries;  provide  for  the  management 
of  common  schools;  negulate  interest  rates;  regulate  elections  or  designate 
places  of  voting;  regulate  the  sale  or  mortgage  of  real  estate  of  persons 
under  disability;  protect  game  or  fish  unless  by  reasonable  classification  of 
waters;  authorize  ferries  or  toll  bridges;  remit  fines,  penalties  or  forfeitures; 
change  the  law:  of  descent;  grant  the  right  to  construct  railroad  tracks; 
grant  any  special  or  exclusive  privilege,  immunity  or  franchise;  or  grant 
or  change  any  corporate  powers  except  those  of  educational,  charitable, 
reformatory  or  penal  corporations,  under  the  patronage  and  control  of  the 
state. 

Section  45.  The  last  sentence  of  section  44  was  made  section  45  to 
read  as  follows: 

Section  45.  No  special  law  shall  be  enacted  if  a  general  law  can  be 
made  applicable. 

Section  46.     Section  45  was  made  section  46  to  read  as  follows: 

Section  46.     Lotteries  and  gifts  enterprises  are  forbidden. 

Section  47.     Section  46  was  made  section  47  to  read  as  follows: 

Section  47.  No  liability  due  the  state  or  any  subdivision  thereof  oij 
any  municipal  corporation  shall  ever  be  released  or  extinguished  by  law. 

Section  48.     Section  47  was  made  section  48  to  read  as  follows: 

Section  48.  No  officer  shall  be  elected  or  appointed  by  the  general  as- 
sembly or  by  either  house  except  their  respective  officers. 

Part  of  section  48  was  transferred  to  section  44  as  above  stated.  The 
rest  of  section  48,  being  the  first  four  words — "no  special  law  may" — were 
stricken  out. 

Section  50.  The  words  "person,  corporation  or  association"  are  trans^ 
posed,  so  that  the  section  shall  read  as  follows: 

Section  50.  No  law  shall  be  passed  authorizing  the  labor  of  any  convict 
confined  within  any  penitentiary  or  other  reformatory  institution  to  be  let 
to  any  corporation,  association,  or  person. 

Section  59.  Was  made  a  solid  paragraph.  The  words  "and  the  three 
preceding  sections"  were  inserted  after  the  word  "section"  in  the  last  line. 
The  section  as  revised  reads  as  follows: 

Section  59.  The  general  assembly  may  provide  (a)  for  opening  private 
roads  to  communicate  with  public  roads,  (b)  for  permitting  owners  and 
lessees  of  lands  and  minerals  to  construct  drains,  ditches  and  levees  on, 
across  or  under  the  lands  of  others  for  agricultural,  sanitary  or  mining 
purposes,  (c)  for  organizing  drainage  districts  for  flood  control  or  for 
sanitary  or  agricultural  purposes  with  powers  of  eminent  domain  and  special 
assessment  and  (d)  for  making  surveys  and  straightening  and  improving 
water  courses  at  the  expense  in  part  of  drainage  districts  and  in  part  of  the 
state  or  any  subdivision  thereof.  This  section  and  the  three  preceding 
sections  shall  not  be  construed  as  limitations  of  the  powers  of  the  general 
assembly. 


1922.]  COMMITTEE   OF    THE   WHOLE.  213 

Section  60.  Insert  the  words  "in  fee  simple"  after  the  word  "take"  in 
the  second  line. 

ARTICLE  IV. 
EXECUTIVE  DEPARTMENT. 

Section  68.  Was  made  a  solid  paragraph  to  read  as  follows: 
Section  68.  The  officers  specifically  named  in  section  sixty-five  of  this 
constitution  except  the  superintendent  of  public  instruction  shall  be  elected 
in  nineteen  hundred  twenty-four  and  every  four  years  thereafter.  The  super- 
intendent of  public  instruction  shall  be  elected  in  nineteen  hundred  twenty- 
six  and  every  four  years  thereafter.  The  term  of  office  of  every  such  officer 
shall  be  four  years  from  the  second  Monday  of  January  next  after  his  elec- 
tion. 

Section  75.  Was  made  a  solid  paragraph  to  read  as  follows: 
Section  75.  The  governor  shall  nominate  and  with  the  consent  by  yea 
and  nay  vote  of  a  majority  of  those  elected  to  the  senate  shall  appoint  all 
officers  whose  appointment  or  election  is  not  otherwise  prescribed  by  law. 
If  a  vacancy  exists  during  the  recess  of  the  senate  in  any  office  where  the 
appointing  power  is  vested  in  the  governor  subject  to  the  consent  of  the 
senate,  the  governor  shall  make  a  temporary  appointment  until  the  next 
meeting  of  the  senate  when  he  shall  nominate  some  person  for  the  office. 
No  person  rejected  by  the  senate  shall  be  nominated  again  for  the  office  at 
the  same  session  save  on  request  of  the  senate  or  be  appointed  to  the  office 
during  the  recess  of  the  senate. 

Section  79.  Was  made  a  solid  paragraph  to  read  as  follows: 
Section  79.  If  the  office  of  governor  becomes  vacant  the  lieutenant 
governor  shall  become  governor  for  the  residue  of  the  term.  If  the  governor 
fails  to  qualify,  is  absent  from  the  state  or  is  under  disability,  the  powers, 
duites  and  emoluments  of  the  office  shall  devolve  upon  the  lieutenant  gov- 
ernor for  the  residue  of  the  term  or  until  the  cause  which  renders  the 
governor  incapable  of  performing  his  duties  is  removed.  If  there  is  no 
lieutenant  governor  or  if  for  any  of  the  above  causes  he  is  incapable  of 
performing  the  duties  of  the  office,  its  powers,  duties  and  emoluments  shall 
devolve,  first  upon  the  president  of  the  senate  and  after  him,  for  like  causes, 
upon  the  speaker  of  the  house  of  representatives;  but  each  of  them  shall 
act  only  until  the  cause  which  renders  the  officer  having  the  prior  right 
incapable  of  performing  the  duties  of  the  office  is  removed  or  until  the 
vacancy  is  filled  by  election. 

ARTICLE  V. 
JUDICIAL  DEPARTMENT. 

Section  89.  The  dates  in  'section  89  were  revised  as  follows:  The 
words  "nineteen  hundred  twenty-four"  in  the  second  line  were  made  "nine- 
teen hundred  thirty-five";  the  "words  nineteen  hundred  thirty-one"  in  the 
fourth  line  were  made  "nineteen  hundred  thirty-nine";  the  words  "nineteen 
hundred  twenty-seven"  in  the  fifth  line  were  made  "nineteen  hundred 
thirty-seven";  the  words  nineteen  hundred  twenty-four"  in  the  sixth  line 
were  made  "nineteen  hundred  thirty-three";  the  words  "nineteen  hundred 
twenty-four"  in  the  seventh  line  were  made  "nineteen  hundred  thirty-five"; 
the  words  "nineteen  hundred  twenty-four"  in  the  eighth  line  were  made 
"nineteen  hundred  thirty-three".  The  following  words  from  the  last  sentence 
of  section  8  in  the  Schedule  were  inserted  as  a  sentence  immediately  before 
the  last  sentence  of  section  89:  "The  justices  from  the  first  district  shall 
be  elected  on  the  first  Monday  of  June  in  the  years  in  which  their  terms 
expire  and  the  justices  from  the  second,  third,  fourth,  fifth  and  sixth  dis- 
tricts shall  be  elected  on  the  first  Tuesday  after  the  first  Monday  in  Nov- 
ember in  the  years  in  which  their  terms  expire."  The  section  as  revised 
reads  as  follows: 

Section  89.  One  justice  of  the  supreme  court  shall  be  elected  in  the 
first  district  in  nineteen  hundred  thirty-five;  one  justice  in  the  first  district 
in  nineteen,  hundred  thirty-three;  one  justice  in  the  second  district  in 


214  JOURNAL  OF  THE  [June  28, 

nineteen  hundred  thirty-nine;  one  justice  in  the  third  district  in  nineteen 
hundred  thirty-seven;  one  justice  in  the  fourth  district  in  nineteen  hundred 
thirty-three;  one  justice  in  the  fifth  district  in  nineteen  hundred  thirty-five; 
one  justice  in  the  sixth  district  in  nineteen  hundred  thirty-three;  and  every 
ten  years  thereafter  respectively,  The  justices  from  the  first  district  shall 
be  elected  on  the  first  Monday  of  June  in  the  years  in  which  their  terms 
expire  and  the  justices  from  the  second,  third,  fourth,  fifth  and  sixth  dis- 
tricts shall  be  elected  on  the  first  Tuesday  after  the  first  Monday  in  Nov- 
ember in  the  years  in  which  their  terms  expire.  The  term  of  office  of  each 
justice  shall  be  ten  years  from  the  date  of  his  election. 

Section  93.  In  the  fourth  line  the  word  "court"  was  stricken  out  and 
the  words  "pleading'  practice  or  procedure"  were  substituted.  The  section 
as  amended  reads  as  follows: 

Section  93.  The  supreme  court  shall  have  exclusive  power  to  prescribe 
rules  of  pleading,  practice  and  procedure  in  all  courts;  .but  rules  not  in- 
consistent therewith  may  be  prescribed  respectively  by  other  courts  of 
record.  Any  rule  of  pleading,  practice  or  procedure  may  be  set  aside  by 
the  general  assembly  by  a  special  law  limited  to  that  purpose. 

Section  100.     The  section  was  made  a  solid  paragraph  to  read  as  follows: 

Section  100  Appeals  from  and  writs  of  error  to  circuit  and  county 
courts  may  be  prosecuted  in(  all  cases  as  follows:  (a)  to  or  from  the 
supreme  court  in  all  criminal  cases  where  the  punishment  allowed  by  law 
may  be  death  or  imprisonment  in  the  penitentiary  and  in  cases  where  a 
franchise  or  a  freehold  or  the  validity  of  a  statute  is  involved  (b)  to  or 
from  the  appellate  courts  in.  such  other  cases  as  may  be  prescribed  by  gen- 
eral rule  of  the  supreme  court  and  (c)  to  or  from  the  supreme  court  in  all 
other  cases.  Except  as  above  limited  the  supreme  court  by  general  rule 
may  prescribe  the  final  jurisdiction  of  appellate  courts  unless  otherwise 
provided  by  law. 

Section  104  The  section  appearing  as  section  103  of  the  second  revised 
draft  of  June  22,  1922  was  a  substitute  for  section  104.  The  words  "for  any 
county  or  counties"  were  inserted  after  the  word  "court"  in  the  first  line 
of  section  103  as  there  found.  The  words  "and  criminal"  immediately 
before  the  word  "cases"  at  the  end  of  the  second  sentence  of  section  103 
were  stricken  out.  The  section  as  revised  reads  as  follows: 

Section  104.  The  circuit  courts  shall  always  be  open  for  the  trans- 
action of  business  but  terms  of  court  for  any  county  or  counties  not  less 
than  four  annually  may  be  prescribed  by  law  for  common  law  and  criminal 
cases.  The  first  Monday  of  each  month  shall  be  return  day  for  process  in 
chancery  cases  and,  unless  otherwise  prescribed  by  law  for  any  county  or 
counties,  in  common  law  cases.  The  circuit  court  shall  sit  at  the  county 
seat  of  each  county.  If  a  city  of  more  than  fifty  thousand  population  in 
any  county  provides  and  maintains  suitable  facilities  for  holding  court, 
the  circuit  court  shall  also  sit  in.  such  city.  In  any  city  wholly  or  partly 
in  the  county,  whenever  suchj  city  or  part  thereof  has  not  less  than  five 
thousand  population,  a  majority  of  the  judges  of  the  circuit  may  provide 
for  holding  sessions  of  court  therein,  if  such  city  provides  and  maintains 
suitable  facilities  for  holding  court. 

Section  107.  The  word  "such"  before  the  word  "judges"  in  the  second 
sentence  was  stricken  out.  The  section  as  revised  reads  as  follows: 

Section  107.  Judges  of  the  circuit  court  of  Cook  county  shall  be  elected 
for  terms  of  six  years  from  the  date  of  their  election.  At  all  elections  for 
judges  the  ballots  therefor  shall  be  separate  and  distinct  from  the  ballots 
for  non-judicial  officers. 

Section  111.     The  third  sentence  of  this  section  was  revised  to  read: 

"If  the  proposition  is  approved  by  a  majority  of  those  voting  thereon 
such  chief  justice  shall  declare  it  adopted."  The  fourth  sentence  was 
changed  to  read: 

"If  it  is  disapproved  it  shall  not  again  be  submitted  for  six  years." 

The  word  "hereinafter"  in  the  succeeding  sentence  was  changed  to  the 
word  "herein."  The  section  as  revised  reads  as  follows: 

Section  111.  Electors  of  the  county  of  Cook  equal  in  number  to  one- 
tenth  of  the  total  vote  cast  for  president  of  the  county  board  at  the  last 


1922.]  COMMITTEE    OF    THE   WHOLE.  215 

preceding  election  may  file  in  the  circuit  court  a  petition  to  submit  to  a 
vote  the  proposition  whether  the  county  shall  adopt  the  system  hereinafter 
provided  for  the  appointment  of  the  judges  of  the  circuit  court.  Thereupon 
the  chief  justice  of  the  civil  division  of  that  court  by  an  order  entered  of 
record  shall  call  a  special  election  for  sxibmitting  such  proposition  within 
three  months  after  such  order  is  entered.  If  the  proposition  is  approved 
by  a  majority  of  those  voting  thereon  such  chief  justice  shall  declare  it 
adopted.  If  it  is  disapproved  it  shall  not  again  be  submitted  for  six  years. 
Upon  the  adoption  of  the  proposition  the  judges  in  office  shall  continue  in 
office  until  removed  as  herein  provided.  After  the  adoption  of  the  proposi- 
tion the  manner  of  choosing  judges  of  that  court  shall  be  as  follows:  The 
governor  shall  fill  any  vacancy  in  that  court  by  appointment  from  a  list 
containing  the  names  of  not  less  than  four  eligible  persons  for  each  vacancy, 
nominated  by  a  majority  of  the  supreme  court,  not  more  than  one-half  of 
such  persons  to  be  affiliated  with  the  same  political  party.  Thereafter 
each  judge  shall  hold  his  office  during  good  behavior  subject  to  removal  as 
herein  provided.  On  the  first  Monday  of  June  in  the  sixth  year  after  the 
election  or  appointment  of  every  judge,  or  in  the  seventh  year  if  the  sixth 
is  an  even  numbered  year,  and  on  the  same  date  in  every  sixth  year  there- 
after the  electors  of  the  county  shall  be  given  an  opportunity  at  an  election 
to  express  their  disapproval  of  such  judge.  If  a  majority  of  those  voting 
at  any  such  election  disapproves  of  any  judge  his  office  shall  become  vacant 
at  the  end  of  three  months  after  the  election  and  for  a  period  of  six  years 
thereafter  he  shall  be  ineligible  to  appointment  as  a  judge  of  such  court; 
if  such  judge  is  not  disapproved,  he  shall  continue  in  office  and  begin  a  new 
term  on  the  day  of  such  election.  All  elections  under  this  section  shall  be 
conducted  in  the  manner  prescribed  by  law. 

Section  114.  This  section  was  made  a  solid  paragraph  to  read  as 
follows : 

Section  114.  In  every  such  county  there  shall  be  a  county  court  which 
shall  have  (a)  original  jurisdiction  of  all  matters  of  probate,  guardianship, 
conservatorship  and  apprenticeship,  the  administration  and  settlement  of 
estates  of  deceased  persons  and  proceedings  for  the  sale,  of  real  estate 
where  required  for  the  administration  and  settlement  of  such  matters  or 
estates,  proceedings  relating  to  taxes  and  assessments  and  their  collection, 
and  criminal  cases  below  the  grade  of  felony,  (b)  concurrent  jurisdiction 
with  the  circuit  courts  in  testamentary  trusts,  construction  of  wills  and 
partition  of  real  estate  where  any  such  proceedings  is  incidental  to  its 
original  jurisdiction,  (c)  exclusive  jurisdiction  of  appeals  from  justices  of 
the  peace  and  (d)  such  other  jurisdiction  as  provided  by  law. 

Section  121.  The  words  "elected  members"  were  transposed  to  read 
"members  elected."  The  section  as  revised  reads  as  follows: 

Section  121.  The  general  assembly,  upon  due  notice,  and  opportunity 
for)  defense  and  for  cause  entered  upon  the  journal  of  each  house,  may 
remove  any  justice  or  judge  upon  concurrence  in  each  house  of  three- 
fourths  of  its  members  .elected.  All  other  officers  mentioned  in  this  article 
shall  be  removed  from  office  on  conviction  for  misdemeanor  in  office. 

ARTICLE  VI. 

SUFFRAGE  AND  ELECTION. 
No  change. 

ARTICLE  VII. 
REVENUE  AND  FINANCE. 

Section  149.  In  the  second  line  from  the  end  of  the  section  the  word 
"tax"  was  stricken  cut  and  the  words  "for  the  tax  or  assessment"  were 
inserted  immediately  after  the  word  "lien".  The  section  as  revised  reads 
as  follows: 

Section  149.  No  owner  of  real  estate  shall  be  divested  of  title  for 
default  in  payment  of  general  or  special  taxes  or  assessments  except  upon 


216  JOURNAL  OF  THE  [June  28, 

sale  by  the  county  treasurer  or  by  forfeiture  to  the  State  and  in  either 
case  only  after  judgment  of  a  court  of  record  entered  after  notice  as  provid- 
ed by  law.  Not  less  than  two  years  shall  be  allowed  to  redeem  from  such 
sale  or  forfeiture.  The  general  assembly  may  provide  that  the  holder  of 
a  tax  title  based  on  any  tax  sale  hereafter  made  may  waive  claim  of  title 
to  the  land  sold  and  be  subrogated  to  the  lien  for  the  tax  or  assessment  for 
which  the  sale  was  made  and  proceed  in  equity  to  foreclose  such  lien  with 
additional  penalties  as  provided  by  law. 

Section  153.  This  section  was  made  a  solid  paragraph  to  read  as 
follows: 

Section  153.  Each  general  assembly  shall  make  appropriations  for  the 
expenses  of  the  government  for  a  period  of  two  years  from  the  first  day  of 
July  of  the  year  in  which  it  convenes.  After  such  appropriations  have  been 
made  the  aggregate  amout  thereof  shall  not  be  increased  except  by  a  vote 
of  two-thirds  of  the  members  elected  to  each  house.  All  appropriations  for 
any  such  two  year  period  shall  end  with  the  period  except  that  obligations 
incurred  during  the  period  may  be  paid  within  three  months  thereafter. 

Section  155.  This  section  was  made  a  solid  paragraph.  The  words 
"members  of  the  house  of"  were  inserted  before  the  word  "representative 
in  the  eighth  line  of  the. section.  This  sections  as  revised  reads  as  follows: 

Section  155.  The  state  may  contract  debts  (a)  for  meeting  casual  de- 
ficits in  revenue  up  to  one  million  dollars,  (b)  for  defense  in  war,  suppress- 
ing insurrection  or  repelling  invasion  and  (c)  for  the  deep  waterway  as 
provided  in  this  constitution.  Money  so  borrowed  shall  be  applied  only  to 
the  purpose  for  which  it  is  obtained  or  for  the  payment  of  the  debts  thus 
created.  No  other  debt  shall  be  contracted  by  the  state  unless  the  law 
authorizing  it  is  approved  by  a  majority  of  those  voting  for  members  of 
the  house  of  representatives  at  a  general  election.  The  general  assembly 
shall  provide  for  the  publication  of  any  such  law  for  at  least  three  months 
before  the  election.  Provision  shall  be  made  when  the  debt  is  contracted  for 
the  annual  payment  of  interest  either  by  a  tax  to  be  levied  for  the  purpose 
or  by  setting  aside  other  revenues.  Any  law  providing  for  such  tax  shall 
be  submitted  in  like  manner  with  the  law  authorizing  the  debt  and  if  ap- 
proved shall  be  irrepealable. 

ARTICLE  VIII. 
LOCAL  GOVERNMENT. 

Section  178.  The  word  "law"  at  the  end  of  -the  first  paragraph  was 
stricken  out  and  the  words  "the  general  assembly  or  by  this  article"  inserted 
in  lieu  thereof.  The  section  was  made  a  solid  paragraph  and  as  revised 
reads  as  follows: 

Section  178.  Except  as  expressly  prohibited  by  law  the  city  of  Chicago 
is  hereby  declared  to  possess  for  all  municipal  purposes  full  and  complete 
power  of  local  self-government  and  corporate  action.  This  grant  of  power 
shall  be  liberally  constructed  and  no  power  of  local  self-government  or  corpor- 
ate action  shall  be  denied  the  city  by  reason  of  not  being  specified  herein. 
The  city  however  may  impose  taxes  and  borrow  money  only  as  authorized 
by  the  general  assembly  or  by  this  article.  Until  otherwise  provided  by  the 
city  charter  the  powers  heretofore  granted  the  city  shall  be  preserved  and 
exercised  in  accordance  with  law  and  the  additional  powers  granted  by  this 
section  shall  be  exercised  by  or  in  accordance  with  city  ordinances. 

Section  179.  The  section  was  made  a  solid  paragraph  to1  read  as 
follows: 

Section  179.  The  legislative  authority^ of  the  city  of  Chicago  from  time 
to  time  and  after  aproval  of  the  proposition  at  an  election  in  such  manner 
as  it  may  provide,  may  call  an  elective  convention  to  frame  a  new  city 
charter  or  to  revise  or  amend  any  existing  charter.  The  proposals  of  any 
such  convention  shall  be  submitted  to  the  voters  for  adoption  in  the  manner 
provided  by  it.  Subsequent  amendments  may  also  be  proposed  and  submitted 
to  the  voters  in  such  manner  as  the  charter  may  provide.  State  election 


1922.].  COMMITTEE   OF    THE   WHOLE.  217 

laws  and  the  powers  and  duties  existing  thereunder  shall  be  available  for 
the  purposes  of  this  section.  The  charter  so  framed,  revised  or  amended  and 
ordinances  passed  thereunder  shall  prevail  over  state  laws  so  far  as  the 
organization  of  the  city  government,  the  distribution  of  powers  among  its 
official  agencies  and  the  tenure  and  compensation  of  its  officers  and  em- 
ployees are  concerned.  Rates  of  compensation  as  well  as  conditions  of 
appointment  and  promotion  in  the  classified  civil  service  of  the  city  shall 
be  determined  according  to  a  general  plan  which  shall  recognize  merit  and 
fitness  as  controlling  principles.  A  certified  copy  of  such  charter  or  any 
amendment  thereto  shall  be  filed  with  the  secretary  of  state  within  thirty; 
days  after  its  adoption. 

Section  180.  The  words  "in  fee  simple  or  otherwise"  were  inserted 
after  the  words  "to  take".  The  section  as  revised  reads  as  follows: 

Section  180.  The  city  of  Chicago  shall  have  power  to  take  in  fee  simple 
or  otherwise  or  damage  private  property  (including  public  utilities  and  the 
privileges  or  licenses  held  in  connection  therewith)  for  public  use  in  ac- 
cordance with  law. 

ARTICLE  IX. 

PUBLIC  SERVANTS. 
No  change. 

ARTICLE  X. 

EDUCATION. 
No  change. 

ARTICLE  XI. 

MILITIA. 
No  change. 

ARTICLE  XH. 

WAREHOUSE  AND  COMMON  CARRIERS. 
No  change. 

ARTICLE  XIII. 
CANALS  AND  WATERWAYS. 

Section  228.  The  word  "expended"  was  striken  out  and  the  word  "ap- 
propriated" substituted.  The  section  as  revised  reads  as  follows: 

Section  228.  In  addition  to  the  proceeds  of  the  twenty  million  dollars 
of  bonds  heretofore  authorized  for  the  deep  waterway,  ten  million  dollars 
may  be  appropriated  therefor  and  all  or  part  thereof  secured  by!  issuing 
bonds.  The  State  shall  make  no  other  expenditure  for  any  canal  or  water- 
way or  appurtenance  thereto  except  from  the  income  thereof  unless  the 
expenditure  is  approved  by  a  majority  of  all  those  voting  at  a  general 
election. 

ARTICLE  XIV. 

AMENDMENTS  TO  THE  CONSTITUTION. 
No  change. 

SCHEDULE, 

In  section  8  in  the  second  paragraph  the  word  "his"  in  the  last  line 
but  one  of  the  second  paragraph  was  changed  to  the  word  "that".  The  last 
two  sentences  of  the  third  paragraph  of  the  section  were  stricken  out.  The 
section  as  revised  reads  as  follows: 

Section  8.  On  the  day  this  constitution  is  submitted  to  the  people  for 
ratification  an  election  shall  be  held  for  a  justice  of  the  supreme  court  in 


218  JOURNAL  OF  THE  [June  28, 

the  first  judicial  district  designated  by  this  constitution.  Every  person  in 
that  judicial  district  who  is  entitled  to  vote  for  this  constitution  shall  be 
entitled  to  vote  for  such  justice.  The  election  shall  otherwise  be  conducted, 
returns  made  and  certificate  of  election  issued  in  accordance  with  existing 
laws.  If  it  appears  upon  the  canvassing  of  the  votes  for  and  against  this 
constitution  that  this  constitution  is  not  adopted,  then  no  certificate  of 
election  shall  be  issued  for  such  justice.  If  he  is  elected  and  commissioned, 
such  justice  shall  bold  office  until  the  first  Monday  of  June,  nineteen 
hundred  thirty-three.  He  shall  not  enter  upon  the  discharge  of  his  duties 
until  the  first  Monday  of  June,  nineteen  hundred  twenty-four,  unless  prior 
to  that  time  there  is  a  vacancy  in  the  supreme  court  from  any  district,  in 
which  case  he  shall  fill  such  vacancy  until  the  first  Monday  of  June,  nineteen 
hundred  twenty-four. 

When  the  term  of  office  of  the  justice  residing  in  tho  second  district 
under  this  constitution  (elected  from  the  sixth  district  under  the  constitu- 
tion of  eighteen  hundred  seventy)  expires  on  the  first  Monday  of  June, 
nineteen  hundred  twenty-four,  that  office  shall  cease  to  exist. 

Successors  to  the  justices  now  in  office  shall  be  elected  on  the  first 
Monday  of  June  in  the  years  in  which  their  respective  terms  expire.  One 
justice  for  the  first  district  shall  be  elected  for  a  term  to  expire  on  the 
first  Monday  in  June,  nineteen  hundred  thirty-five  a  justice  for  the  fifth 
district  shall  be  elected  for  a  term  to  expire  on  the!  first  Tuesday  after 
the  first  Monday  in  November,  nineteen  hundred  thirty-five;  justices  for  the 
fourth  and  sixth  districts  shall  be  elected  for  terms  to  expire  on  the  first 
Tuesday  after  the  first  Monday  in  November,  nineteen  hundred  thirty-three; 
a  justice  for  the  third  district  shall  be  elected  for  a  term  to  expire  on  the 
first  Tuesday  after  the  first  Monday  in  November,  nineteen  hundred  thirty- 
seven;  and  a  justice  for  the  second  district  shall  be  elected  for  a  term  to 
expire  on  the  first  Tuesday  after  the  first  Monday  of  November,  nineteen 
hundred  thirty-nine. 

Section  13.  The  words  "on  the  seventh  day  of  May"  were  changed  to 
read  "May  seventh."  In  the  fourth  paragraph  of  the  section  the  word  "and" 
was  inserted  in  lieu  of  the  comma  after  the  words  "nineteen  hundred  twenty- 
six".  The  section  as  revised  reads  as  follows: 

Section  13.  The  judges  of  the  circuit,  superior,  county  and  probate 
courts  of  Cook  county  and  the  chief  jutk<5e  of  the  municipal  court  of  Chicago 
in  office  on  May  seventh,  nineteen  hundred  twenty-three  (except  the  judges 
of  the  circuit  and  superior  courts  of  Cook  county  made  judges  of  the  ap- 
pellate court  of  the  first  district  by  the  adoption  of  this  constitution  whose 
offices  as  judges  of  the  circuit  and  superior  courts  of  Cook  county  thereby 
cease  to  exist)  shall  be  judges  of  the  circuit  court  of  Cook  county  as  thus 
consolidated  and  shall  continue  to  hold  office  during  the  terms  for  which 
they  are  respectively  elected  or  appointed  and  until  their  successors  are 
elected  and  qualified.  The  associate  judges  of  the  municipal  court  of 
Chicago  in  office  on  May  seventh,  nineteen  hundred  twenty-three,  shall  be 
associate  judges  of  the  circuit  court  of  Cook  county  as  thus  consolidated  and 
shall  continue  to  hold  office  during  the  terms  for  which  they  are  respectively 
elected  or^  appointed  and  until  the  first  Monday  of  June  next  following, 
respectively,  when  their  respective  offices  as  associate  judges  of  that  court 
shall  be  abolished.  There  shall  be  elected  to  the  office  of  judge  of  the 
circuit  court  of  Cook  county  for  terms  of  six  years,  except  as  hereinafter 
otherwise  specifically  provided,  on  the  first  Monday  of  June  of  the  years 
following:  In  nineteen  hundred  twenty-three,  nine  judges  as  successors 
to  the  judges  whose  terms  expire  in  that  year;  in  nineteen  hundred  twenty- 
five,  one  judge  as  successor  to  the  judge  whose  terms  expires  in  nineteen 
hundred  twenty-four  and  one  judge  as  successor  to  the  judge  whose  term 
expires  in  nineteen  hundred  twenty-five,  together  with  eight  additional 
judges;  in  nineteen  hundred  twenty-seven,  two  judges  as  successors  to  the 
judges  whose  terms  expire  in  the  year  nineteen  hundred  twenty-six,  and 
seventeen  judges  as  successors  to  the  judges  whose  terms  expire  in  the 
year  nineteen  hundred  twenty-seven;  in  nineteen  hundred  twenty-seven, 
eight  additional  judges  for  terms  of  four  years;  and  in  nineteen  hundred 


1922.]  COMMITTEE   OF    THE    WHOLE.  219 

twenty-nine,  four^  judges  as  successors  to  the  judges  whose  terms  expire 
in  the  year  nineteen  hundred  twenty-eight,  nine  judges  as  successors  to  the 
judges  whose  terms  expire  in  the  year  nineteen  hundred  twenty-nine,  to- 
gether with  eight  additional  judges,  one  of  whom  shall  hold  office  for  tho 
term  of  two  years. 

Section  27.  The  words  "first  day  of  May"  were  changed  to  read  "May 
seventh".  The  section  as  revised  reads  as  follows: 

Section  27.  From  and  after  May  seventh,  nineteen  hundred  twenty- 
three,  and  until  otherwise  provided  by  law,  all  matters  of  fees  and  costs 
connected  with  proceedings  in  the  circuit  court  of  Cook  County  shall  be 
regulated  by  rules  to  be  adopted  by  the  supreme  court. 

Section  34.  The  words  "the  adoption  of"  were  inserted  after  the  word 
"against".  The  section  as  revised  reads  as  follows: 

Section  34.  The  ballots  cast  for  and  against  the  adoption  of  this  con- 
stitution shall  be  received  and  canvassed  by  the  judges  and  clerks  of  such 
election  and  returned  as  provided  by  law  for  general  elections. 

Section  132.  Remove  the  comma  in  the  fifth  line  after  the  word 
"years." 

Section  156.     Insert  a  comma  after  the  word  "cent"  in  the  third  line. 

In  section  175  change  the  word  "clerk"  the  last  word  in  the  section 
to  "court." 

Section  178.     Remove  the  period  after  the  word  "section". 

Section  179.     Insert  a  comma  after  the  word  "Chicago"  in  the  first  line. 

Section  187.     Insert  a  comma  after  the  word  "fifteenth"  in  the  third  line. 

Section  192.  In  the  second  line  of  the  second  paragraph  take  out  the 
comma  after  the  word  "thereafter". 

Section  204.    Made  a  solid  paragraph  to  read  as  follows: 

Section  204.  No  officer  of  this  state  shall  be  beneficially  interested 
directly  or  indirectly  in  any  contract  with  the  state.  No  officer  of  any  sub- 
division of  the  state  or  of  any  municipal  corporation  or  of  any  board  or 
commission  shall  be  beneficially  interested  directly  or  indirectly  in  any 
contract  with  the  particular  body  of  which  he  is  an  officer. 

Section  18  of  the  Schedule.    Made  a  solid  paragraph  to  read  as  follows: 

Section  18.  The  judges  of  the  county  and  probate  courts  (in  counties 
other  than  the  county  of  Cook)  in  office  on  December  third,  nineteen  hundred 
twenty-three,  shall  be  judges  of  the  county  court  as  thus  consolidated,  at 
which  time  the  office  of  judge  of  the  probate  court  or  probate  judge  shall 
be  abolished.  They  shall  hold  office  during  the  terms  for  which  they  were 
elected  and  until  their  successors  are  elected  and  qualified.  Counties  having 
a  population  of  less  than  seventy-five  thousand,  which  have  a  county  judge 
and  a  probate  judge  at  the  time  of  the  adoption  of  this  constitution  shall 
elect  in  nineteen  hundred  twenty-seven  two  county  judges. 

At  the  hour  of  4:38  o'clock  p.  m.,  Mr.  Clarke  moved  that  the  Com- 
mittee do  now  rise  and  report. 
And  the  motion  prevailed.     ' 


INDEX  TO  COMMITTEE  OF  THE  WHOLE  JOURNAL. 


ADDRESS  : 

Alden,   W.    T 25 

Alexander,    Miss    Melinda 4 

Allen,    Governor   Henry   J 11 

Alschuler,    B.    F 14 

Barnes,    Judge    Albert    C 25 

Barger,    William    C 14 

Bell,    Hayden   N 6 

Bigelow,  Herbert  S 4 

Blair,    Francis    G 7 

Brandon,    Rodney   H 12 

Briggs,   C.    P 7 

Brown,    Frederick   A 10 

Brown,   Roy   H 7 

Cadwell,    W.    S 7 

Carter,    Justice    Orin    N 10 

Chancellor,    Justus     10 

Chipperfield,    B.    M 10 

Cooke,    Justice    George    A 10 

Cook,  Judge  Wells  M 10 

Corlett,    Edward     12 

Craig,    Edward    C 5 

Cutting,   Judge    Charles   S 3 

Danek,    Helene 4 

Davenport,    Eugene    13 

David,    Joseph    10 


Davis,    General    Abel... 
Denman,   B.   J 


, 

Carey,    Thomas    C 
Kiles.     Albert    M.  <•  .......................... 

Lee,    John   H.    S  ............................. 

Lemon,    F.    K  ............................... 

Lill,    Herbert    F  ........  ..................... 

Lyle,    John    H.  .  . 


Dove,    F.    R 

Dunlap,    Henry    M  ............ 

Dunne,    Governor   Edward    F.  . 

Dupuy,    George    A  .....................................  .  .  ................  3 

Elting,    Philip    E  ........................................................  12 

Ellis,    E.    A  ......................  >  .........  ...........  ...................  7 

Engleman,    J.    C  .........................................................  7 

Felmley,    David    ........................................................  7 

Fennly,    H.    Kent  ........................................  ................  10 

Fifer,   Governor   Joseph   W  ...............................................  12 

Freund,    Ernts    ......................................  ,  ..................  1 

Frey,    John    P  ..............................  .  .........  ....................  16 

Folonie,    Robert    J  .......................................................  25 

Fursman,    Ida    L.    M  .................  '.  ...................................  7 

Furuseth,   Andrew    ......................................................  16 

Gale,    George    C  ..........................................  ................  12 

Glenn,    Otis    F  ..........................................................  14 

Gilbert,    Hiram    T  .......................................................  3 

Gregory,    Clifford    V  .....................................................  13 

Green,    H.    I  ..............................................  .  .  ............  3,  12 

Hadley,    W.    E  ...........................  .................................  5 

Haley,    Margaret    .......................................................  7 

Halton,    A.    R  ...........................................................  14 

Hamill,    Charles    A  ......................................................  3,  12 

Hood,   Craig  A  ................  ..........................................  10 

Hornstein,    Leon     .......................................................  1 

Jones,    Judge   Norman   L  ................................................  10 

Keer,    Angus   W  .................................  »  •  ....................  16 

Kelly,    H.    E  .................................  .  ........................  14 


12 

!"!!!!"!  25 

5 

12 

1 

McChesney,   Wm.    M 10 

Mann,    F.    1 6 

Martin,   Judge  Charles •  • 3 

Maue,  August    7 

McCullough,    Catherine    Waugh 10 

McDonald.  Duncan 4 

McEwen,  Willard   M 12 


221 


PAGE. 

ADDRESS — Concluded. 

McLausrhlin,  Professor  Andrew 25 

Merwin,    Fannie   S 7 

Micbal.  Charles  J 3 

Michaelson,   M.   A 12 

Miller,   Amos    C 3,   12 

Mirriam,    Charles  B 4,  14 

Moore.    Robert    C 7,12 

Mortensen,  Peter 7 

Owen,  W.  D 7 

Page,  George  T 10 

Piez,  Charles   20 

Potts.   D.   W 7 

Revell.  Alexander  H 12 

Richart,    John   A 2 

Rockwood,  Edith 25 

Ropers,  H.  J 14 

Sf>dler.  Frank  P 10 

Shanahan,   David   E 12 

Shepherd .   Frank  L 6 

Sneed.  William  J 12 

Spauldiner,  W.  J 14 

Streyckmans.   Felix    13 

Strurkman,  Wm.   F • 6 

Taylor,    Dudley    20 

Thompson.    D.    0 13 

Tredweli.   Harriette  Taylor 4 

Yesrer,  Judge  C.  D 10 

Valentine.  Kimhall   E 6 

Walker.  John  H 1ft 

Wall.    Mathew    12,   16 

Woodward,   Charles  E 12 

ALLEN,  GOVERNOR  HENRY  J.  : 

Address     11 

ALDEN,  W.  F.  : 

Address 25 

ALEXANDER,   MILINDA: 

Address     4 

ALSCHULER,  B.  F. : 

Address     14 

ATTORNEY  GENERAL: 

Request    for    opinion 171 

AGRICULTURE  : 

Discussion     11 

Proposal   No.    355,    considered 177,  178 

Proposal    No.    351,    considered 82,   84,   86 

Proposal    No.    372,    considered 92 

BARGER,  WILLIAM  C. : 

Address     14 

BARNES,  JUDGE  ALBERT  C.  : 

Address 25 

BARR,  GEORGE  A.  : 

Chairman,  discussion  of  policy  of  new  Constitution 12 

BELL,  HAYDEN  N.  : 

Address     v 6 

BECKMAN,  WILLIAM  H.  : 

Chairman,    Military    Affairs    considered 8,17 

BIGELOW,  HERBERT  S.  : 

Address     4 

Communication     155 

BILL  OF  RIGHTS: 

Proposal    No.    129,   considered 116,  180 

Proposal    No.    136,    considered 116 

Proposal    No.    282,    considered 116 

Proposal    No.    375,    considered 103 

Proposal    No.    376,    considered 109,  111 

Report  No.    24,   Phraseology  and   Style,   considered 211 


222  INDEX. 


BLAIR,  FRANCIS  G.  : 
Address 


BRANDON,  RODNEY  H. : 

Address     12 

Chairman,   Education,    considered ...'.' .  .' .' .'  ' .' .' .' .' .' .' .' .' .'  ' .' '  ' '  ' .'  '7,'  37',    38,    39,'  40,   42 

BRIGGS,   C.  P.: 

Address     7 

BROWN,   FREDERICK  A.  : 

Address     10 

BROWN,   ROY  H.  : 

Address     7 

CADWELL,  W.   S.  : 

Address     '. 7 

CANALS  AND  WATERWAYS: 

Proposal   No.    354,    considered 30,   35 

Report  No.    24,   Phraseology  and  Style,   considered 217 

CARTER,   ORRIN  H.  :     ^ 

Address ? 10 

CHANCELLOR,  JUSTUS: 

Address 10 

CHICAGO : 

Discussion   of   Proposal    No.    55 1,  2 

CHICAGO  AND  COOK  COUNTY: 

Proposal   No.    374,   considered ...97,    99,    102,    106,  108 

Proposal    No.    385,    considered ^ 159,   162,  164 

CHIPPERFIELD,  B.   M.  : 

Address  10 

COMMITTEE,   SPECIAL: 

City   Council   of   Chicago 1,   2 

COMMUNICATION : 

Bigelow,    Herbert    S 155 

CONSTITUTION : 

Discussion    of   policy    of   preparation 12 

Report  No.    24,   Phraseology  and   Style,   considered 211 

COOK,  GEORGE  A.: 

Address   .' 10 

COOK,  WELLS  M.  : 

Address  10 

COOLLEY,  E.   B. : 

Chairman,    Miscellaneous    Subjects 105 

CORLETT,  EDWARD: 

Address "12 

CORPORATION  AND  COOPERATIVE  ASSOCIATION: 

Proposals   No.   364   and    365,    considered 59,  61,   65 

COUNTY  AND  TOWNSHIP  GOVERNMENT  : 

Proposals   No.    362    and   363,    considered 50,   53,  56 

COURTS,  INDUSTRIAL: 

Address   11 


CRAIG,  EDWARD  C. : 
Address   .  . 


CRUDEN,  WILLIAM  H.  : 

Chairman,    Suffrage   and    Elections 21,  26,  28,  46 


INDEX.  223 

PAGE. 

CUTTING,  CHARLES  S. : 

Address 3 

Chairman,    Judicial    Department 148,   154,  182 

DANEK,  HELENS: 

Address   '. 4 

DAVENPORT,  EUGENE : 

Address 13 

DAVID,  JOSEPH: 

Address 10 

DAVIS,  GENERAL  ABEL: 

Address     ; .      12 

DENMAN,  B.  J. : 

Address     14 

DHYOUNG,  FREDERIC  R.  : 

Chairman,   Judicial   Department 3,   5,   10,   25,   147,  168 

DIETZ,  CYRUS  E. : 

Chairman,  Distinction  between   Constitution  and  Legislative   Subjects 44,  91 

Resolution,  relative  to  Conference  Committee  on  Proposal  No.  366 85 

DISTINCTION     BETWEEN     CONSTITUTION     AND     LEGISLATIVE      SUB- 
JECTS : 
Proposals  considered    44,  91 

DOVE,  F.  R. : 

Address 12 

Chairman,   Agriculture    84 

Chairman,   Initiative   and   Referendum 4,    13,    155,  157 

DUNLAP,  HENRY  M. : 

Address     12 

Chairman,   Agriculture 11,    82,   84,    86,   92 

DUNNE,  GOVERNOR  EDWARD  F.  : 

Address 4 

DUPUY,  GEORGE  A. : 

Address   3 

Chairman,  Schedule 191,    200,    202,  204 

EDUCATION : 

Revenue,    petaining   to,    considered 7 

Proposals  No.   359   and   360,   considered 37,  42 

ELECTIONS  : 

Proposal  No.    351,   considered 21 

ELLIS,   E.   A.: 

Address     ' .- 7 

ELTING,  PHILIPPE.: 

Address     12 

ENGLEMAN,  J.   C. : 

Address     7 

EXECUTIVE  DEPARTMENT: 

Proposal    No.    369,    considered 74,    82 

Report  No.  24,   Phraseology  and   Style  considered 213 

FELMLEY,  DAVID: 

Address     ". 7 

FENNLY,  H.   KENT: 

Address     10 

F1FER,  GOVERNOR  JOSEPH  W.  : 

Address     .  .12 


224:  INDEX. 


FOLONIE,  ROBERT  J.  : 

Address     - 25 

FORESTRY : 

Proposal  No.   355,   considered 178 

FREUND,  ERNEST: 

Address     .  1 


FREY,   JOHN  P.  : 

Address     16 

FURSMAN,   IDA  L.   M.  : 

Address     ' 7 

FUTURE  AMENDMENT  TO   THE   CONSTITUTION: 

Considered 189 

FYKE,   EDGAR  E.  : 

Chairman,   Corporation   and   Cooperative  Associations 20,    50,    61,   65 

GALE,  GEORGE  C. : 

Address     12 

Chairman,  Revenue 6,   7,    123,   125,   187,  188 

GARRETT,  BRUCE  H. : 

Chairman.    Municipal    Government 14 

GILBERT,  HIRAM  T.  : 

Address     3 

GLENN,   OTIS  J. : 

Address     ' 14 

GREEN,  HENRY  I. : 

Address    3,12 

Chairman,  Submission  and  Address 208 

GREGORY,   CLIFFORD  V.: 

Address     13 

HADLEY,  W.  E.  : 

Address     5 

HALEY,   MARGARET: 

Address     1 

HALTON,  A.   R.  : 

Address     14 

HAMILL,   CHARLES  H. : 

Address    3,12 

HOME  RULE: 

Discussion  of  14 

•y 
HOOD,  CRAIG  A. : 

Address     10 

HORNSTEIN,  LEON: 

Address     1 

HULL,  MORTON  D.  : 

Chairman,  Chicago  and  Cook  County 1,  97,  99,  102,   106,   108,   159 

INDUSTRIAL  AFFAIRS  AND  LABOR: 

Proposal  No.    232,   considered 16,    20,    205,   206 

INITIATIVE  AND  REFERENDUM: 

Discussion    of    13 

Proposals  No.   133  and   134,  considered 4 

Proposals  No.   367,  368   and  371,   considered 155,   157 

JONES,  JUDGE  NORMAN  L. : 

Address     ,  , 10 


INDEX.  22T) 

JUDICIAL,  DEPARTMENT: 

Discussion  of    ....................................................  o,   5,    10,   25 

Proposals  No.   383   and   384,  considered  .......................  14V,   168,   182,   185 

Report  No.  24,  Phraseology  and  Style,  considered  ..........................    213 

KALES,  ALBERT  M.  : 

Address     ......  .........................................................      25 

KEER,  ANGUS  W.  : 

Address     ...............................................................      16 

KELLY,  H.  E.  : 

•    Address     ...............................................................      14 

KERRICK,   THOMAS  C.  : 

Address     ...............................................................      12 

LABOR: 

Proposal    No.    232,    discussed  .............................................      16 

Proposal   No.    232,    considered  .........................................  205,  206 

LAND  TENANTRY: 

Address     ...............................................................      10 

LEE,  JOHN  H.   S.  : 

Address     ...........  .  ...................................................      25 

LEGISLATIVE  DEPARTMENT  : 

Proposal  No.   211,  considered  .............................................      89 

Proposal  No.  366,  considered  ............  .  .  .......  69,  72,  84,  86,  89,  95,  172,   175 

Report  No.   24,  Phraseology  and  Style,  considered  ..........................    211 

LEMON,  F.   K.  : 

Address     ..................................  ,  .............................        5 

LILL,  HERBERT  F.  : 

Address     ...............................................................      12 

LINDLY,   CICERO  J.  : 

Chairman,   Public  Works  and   Improvements  ...........................  118,  120 

LOCAL  GOVERNMENT: 

Report  No.   24,   Phraseology  and   Style,   considered  .........................    216 

LYLE,  JOHN  H.  : 

Address     ...............................................................        1 

MAC  CHESNEY,  WILLIAM  M.  : 

Address     ...............................................................      10 

Me  CULLAH,  CATHERINE  WAUGH  : 

Address     ...............................................................      10 

MCDONALD,  DUNCAN: 

Address     ...............................................................        4 

McEWEN,  WILLARD  M.  : 

Address     ...............................................................      12 

MCLAUGHLIN,  PROFESSOR  ANDREW: 

Address     ...............................................................      25 

MANN,  F.  I.: 

Address     ...............................................................        6 

MARTIN,  JUDGE   CHARLES: 

Address     ...............................................................        3 

MAUE,  AUGUST: 

Address     ...............................................................        7 

MERWIN,  FANNIE   S.  : 

Address     .......................................  ........................        7 


—15  C  W 


22? 


INDICX. 


MICHAELSON,  M.  A.:                                                                                                                PAGE- 
Address     12 

MICHAL,  CHARLES  J. : 

Address     

MIRRIAM,   CHARLES  E. :  

Address 4    14 

MILITARY  AFFAIRS: 

Proposal   No.    339,   considered 8>  17 

MILLER,  AMOS   C.  : 

Address 12 

MISCELLANEOUS   SUBJECTS : 

Proposals   considered    105    171 

MOORE,   CHARLES  B.   T. : 

Address     12 

Chairman,    Future    Amendments ''.'..!.'!!.'.'!.'!!.'.'.'.'!!!.'!.'    189 

MOORE,  ROBERT   C.  : 

Address 7 

MORTENSON,  PETER: 

Address 7 

O'BRIEN,   MARTIN  J. : 

Chairman,    Miscellaneous    Subjects 171 

OWEN,  W.  D. : 

Address 7 

PAGE,   GEORGE  T.  : 

Address     10 

PHRASEOLOGY  AND  STYLE: 

Report    No.    24,    considered 211 

PIEZ,  CHARLES: 

Address     20 

POTTS,  D.  W. : 

Address     7 

PUBLIC  WORKS  AND  IMPROVEMENTS: 

Proposal   No.    354,   considered 27,    30,   33,  35 

Proposal   No.    377,    considered 118,  120 

RESOLUTION : 

Dietz    85 

RE VELL,  ALEXANDER  H. : 

Address     12 

REVENUE : 

Discussion    of    6 

Pertaining   to    Education 7 

Proposals   378,    380   and   381,   considered 

123,   125,   127,   129,   131,   134,   138,   143,   181,   187,   188 

Report  No.   24,   Phraseology  and   Style,  considered 215 

RINAKER,  THOMAS: 

Chairman,   Bill  of  Rights 103,   109,   111,    116,   180 

Chairman,  Report  No.   24,  Phraseology  and  Style 211 

RICHERT,  JOHN  A.: 

Address 2 

ROCKWOOD,   EDITH: 

Address     25 

ROGERS,  H.   J.  : 

Address     14 

SADLER,  FRANK  P.: 

Address     .  10 


PAQE. 

SCANLAN,  WILLIAM  M.  : 

Chairman,   Industrial   Affairs    and   Labor  ..................................    206 

SCHEDULE  : 

Considered   ..........................  .  .................  -.  ____  191,  200,  202,  204 

Report  No.   24,   Phraseology   and   Style,   considered  .........................    217 

SHANAHAN,  DAVID  E.  : 

Address     ...............................................................      12 

Chairman,  Legislative  Department  ...............  69,   72,   84,  86,   89,   95,   172,  175 

SHEPHERD,  FRANK  L.  : 

Address     ...............................................................        6 

SMITH,  ARTHUR  M.  : 

Chairman,   County  and  Township  Government  ........................  50,  53,  56 

SNEED,  WILLIAM  J.  : 

Address     ...............................................................      12 

Chairman,    Industrial    Affairs    and    Labor  ...............................  16,  205 

SPAULDING,  W.  J.  : 

Address     ...............................................................      14 

STRAYCKMANS,  FELIX: 

Address     .........  ......................................................      13 


STRUCKMAN,  WILLIAM  S.  : 

Address     ........................................................  .  ......        6 

SUBMISSION  AND  ADDRESS: 

Considered    .....................................................  ,  .......    208 

SUFFRAGE  : 

Proposal  No.   351,   considered  ....................................  21,    26,    28,   46 

TANNER,  J.   MACK: 

Chairman,    Agriculture    ..............................................  177,  178 

TAYLOR,   DUDLEY: 

Address     ...............................................................      20 

THOMPSON,  D.  O.  : 

Address     .................  .13 


TRAUTMANN,  WILLIAM  E. : 

Chairman,    Executive   Department.  .  . , 

TREDWELL,   HARRIETTE  TAYLOR: 

Address     . 


VALENTINE,  KIMBALL  E.  : 
Address 


WALL,  WILLIAM  A.: 

Address     12 

WALL,  MATHEW: 

Address     16 

WALKER,  JOHN  H.  : 

Address     16 

WHITMAN,  FRANK  S. : 

Chairman,  Revenue,  Taxation  and  Finance 127,  129,   131,   134,   138,  143,   181 

WILSON,  WALTER  H. : 

Chairman,    Chicago   and   Cook    County 162,   164 

Chairman,   Public  Works  and  Improvements 27,   30,   33,   35 

WOODWARD,   PRESIDENT  CHARLES  E.  : 

Address     .  ,12 


YEGER,   C.   D. : 
Address     .  .  . . 


